- 1 - NC: 2025:KHC:10503 RSA No. 1042 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO. 1042 OF 2013 (PAR) BETWEEN: SRI.KEMPANNA S/O LATE BASAVAIAH AGED ABOUT 66 YEARS R/A HASAGULI VILLAGE GUNDLUPET TALUK CHAMARAJANAGAR DISTRICT …APPELLANT (BY SRI. ANIL KUMAR S., ADVOCATE) AND: 1. SMT.NAGAMMA D/O BASAVAIAH, AGED ABOUT 63 YEARS R/AT HASAGULI VILLAGE GUNDLUPET TALUK CHAMARAJANAGAR DISTRICT. 2. SRI MADAPPA S/O BASAVAIAH, AGED ABOUT 73 YEARS R/A HASAGULI VILLAGE GUNDLUPET TALUK CHAMARAJANAGAR DISTRICT. 3. SMT RAJAMMA D/O BASAVAIAH, W/O MADAPPA AGED ABOUT 45 YEARS R/A MOOKAHALLI HUNVI VILLAGE GUNDLUPET TALUK CHAMARAJANAGAR DISTRICT. …RESPONDENTS (BY SRI. P MAHESH, ADVOCATE FOR R1; R2 - SERVED & UNREPRESNTED) Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka - 2 - NC: 2025:KHC:10503 RSA No. 1042 of 2013 THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT & DECREE DATED 30.03.2013 PASSED IN R.A.NO.29/2010 ON THE FILE OF THE DISTRICT & SESSIONS JUDGE, CHAMARAJANAGAR, PARTLY ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND DECREE DATED 07.01.2010 PASSED IN O.S.NO.07/2008 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) & CJM, CHAMARAJANAGAR. THIS APPEAL IS COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE RAVI V HOSMANI ORAL JUDGMENT Though matter was passed over and called again, there is no representation for appellant. 2. Learned counsel for respondent appears through video conference. 3. It is seen that notice issued to respondent no.3 was unsuccessful thrice and as requested by learned counsel for appellant, a week's time was granted on 28.10.2024. Till date, necessary application is not filed. This would indicate that appellant is not pursuing appeal diligently. Appeal is dismissed for non-prosecution. Sd/- (RAVI V HOSMANI) JUDGE AV List No.: 1 Sl No.: 9