- 1 - NC: 2025:KHC:16521 RSA No. 846 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO. 846 OF 2013 (DEC) BETWEEN: SRI. SHIVANANDAPPA, S/O MELADA SANNA HANUMANTHAPPA, (WRONGLY TYPED AS SHIVAPPA IN THE JUDGMENT IN OS NO.58/2007) AGED ABOUT 55 YEARS R/AT MANCHI VILLAGE KASABA HOBLI,SORAB TALUK SHIMOGA DISTRICT PIN CODE -577 429. …APPELLANT (BY SRI. LEELADHAR H P.,ADVOCATE) AND: 1. SMT. NEELAMMA, W/O SAMEDA HANUMANTHAPPA, SINCE DEAD BY HER LR'S SMT. AMBUJAKSHI W/O SHREEDHAR AGED ABOUT 43 YEARS R/AT MATHADA BEEDI BANAVASI, UK DISTRICT PIN CODE - 581 318. 2. MADHU @ MADHUKESHAVA S/O SAMEDA HANUMANTHAPPA AGED ABOUT 41 YEARS, R/AT MANCHI VILLAGE, KASABA HOBLI, SORABA TALUK, Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court of karnataka - 2 - NC: 2025:KHC:16521 RSA No. 846 of 2013 SHIMOGA DISTRICT. PIN CODE-577 429. 3. ANANTHAPPA B S/O RAMAPPA @ GUTYAMMA, AGED ABOUT 67 YEARS RTD. AGRICULTURAL EXTENSION OFFICER, R/AT B.H ROAD, KUMSI SHIMOGA DISTRICT. PIN CODE -577 423. 4. BHEEMARAYAPPA S/O RAMAPPA @ GUTYAMMA AGED ABOUT 65 YEARS R/AT BELAVANTHANAKOPPA SHRIRALAKOPPA POST SHIKARIPURA TALUK SHIMOGA DISTRICT PIN CODE - 577 428. 5. RENUKAMMA, W/O HUCHARAYAPPA AGED ABOUT 62 YEARS D/O GUTYAMMA, R/AT BELAVANTHANAKOPPA SHRIRALAKOPPA POST SHIMOGA DISTRICT PIN CODE - 577 428. 6. NARAYANAMURTHY S/O RAMAPPA @ GUTHYAMMA, AGED ABOUT 60 YEARS, R/AT BELAVANTHANAKOPPA, SHRIRALAKOPPA POST, SHIKARIPURA TALUK, SHIMOGA DISTRICT PIN CODE - 577 428. 7. BASAMMA W/O RAMAMURTHY AGED ABOUT 58 YEARS - 3 - NC: 2025:KHC:16521 RSA No. 846 of 2013 R/AT PILLANAGIRI SHIMOGA TALUK & DISTRICT PIN CODE - 577 201. 8. JAGANNATHA S/O RAMAPPA @ GUTHYAMMA AGED ABOUT 55 YEARS, R/AT BELAVANTHANAKOPPA, SHRIRALAKOPPA POST, SHIKARIPURA TALUK, SHIMOGA DISTRICT, PIN CODE - 577 428. 9. SUJATHA , W/O GOPAL, AGED ABOUT 55 YEARS, D/O GUTHYAMMA R/AT KOTE AYANUR, SHIMOGA TALUK & DIST. PIN CODE - 577 201. …RESPONDENTS (BY SRI. MAHESH R. UPPIN, ADVOCATE ) THIS RSA FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DTD 24.1.2013 PASSED IN R.A.NO.165/2010 ON THE FILE OF ADDITIONAL DISTRICT JUDGE, SHIMOGA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD 1.2.2010 PASSED IN OS.NO.58/2007 (OLD O.S NO.123/2000) ON THE FILE OF CIVIL JUDGE (SR.DN.) AND JMFC, SORAB.TRAIL COURT DISMISSED THE SUIT.APPELLATE COURT DISMISSED THE APPEAL SUIT FOR DECLARATION AND PERMANENT INJUNCTION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE RAVI V HOSMANI - 4 - NC: 2025:KHC:16521 RSA No. 846 of 2013 ORAL JUDGMENT Learned counsel for appellant has filed a memo for retirement along with notice of retirement and acknowledgment of service. 2. Notice was delivered as early as on 29.01.2024. 3. Memo for retirement is accepted. 4. Till now alternate arrangements are not made. 5. It is seen that as per order dated 04.01.2024, appellant has failed to file paper book even though appeal was admitted on 03.02.2020. 6. This would indicate that appellant is not diligently pursuing appeal. Therefore, appeal is dismissed for non-prosecution. Sd/- (RAVI V HOSMANI) JUDGE ABK List No.: 1 Sl No.: 15