- 1 - NC: 2023:KHC:37701 RSA No. 892 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 892 OF 2016 (DEC/INJ) BETWEEN: GRAMA PANCHAYATH LAKKAVALLI REPRESENTED BY ITS SECRETARY, GRAMA PANCHYATH, LAKKAVALLI TARIKERE TALUK CHIKKAMAGALUR DISTRICT - 577228 …APPELLANT AND: 1. SRI K T GOVINDASWAMY S/O K. THIMMAIAH AGED ABOUT 55 YEARS, R/O LAKKAVALLI VILLAGE TARIKERE TALUK, CHIKKAMAGALURU-577228 2. SRI.K.T.MANJUNATH S/O LATE THIMMAIAH DEAD BY LR'S 2(A) K. SRINATH DEAD BY LR'S 2(A1) SMT. SUDHARANI W/O LATE K. SRINATH AGED ABOUT 63 YEARS R/AT OPP: MAIN MIDDLE SCHOOL WATER TANK ROAD, LAKKAVALLI Digitally signed by SUNITHA GANGARAJU Location: High Court of Karnataka - 2 - NC: 2023:KHC:37701 RSA No. 892 of 2016 LAKKAVALLI VILLAGE & POST TRIKERE TALUK CHIKKAMAGALURU – 577 228 2(A2) K.S. RANGANATHA S/O LATE K. SRINATH AGED ABOUT 34 YEARS R/AT OPP: MAIN MIDDLE SCHOOL WATER TANK ROAD, LAKKAVALLI LAKKAVALLI VILLAGE & POST TRIKERE TALUK CHIKKAMAGALURU – 577 228 2(B) K. RANGANATH @ K. GOPINATH S/O LATE K.T. MANJUNATH AGED ABOUT 54 YEARS R/AT OPP: MAIN MIDDLE SCHOOL WATER TANK ROAD, LAKKAVALLI LAKKAVALLI VILLAGE & POST TRIKERE TALUK CHIKKAMAGALURU – 577 228 2(C) K. DWARAKANATH S/O LATE K.T. MANJUNATH AGED ABOUT 54 YEARS R/AT OPP: MAIN MIDDLE SCHOOL WATER TANK ROAD, LAKKAVALLI LAKKAVALLI VILLAGE & POST TRIKERE TALUK CHIKKAMAGALURU – 577 228 3. STATE OF KARNATAKA VIDHANA SOUDHA DR. AMBEDKAR VEEDHI BANGALORE – 560 001 REP. BY CHIEF SECRETARY 4. K.T.KRISHNASWAMY DEAD BY HIS LR'S 4(A) SRI. CHANDRASHEKHAR K S/O LATE K.T. KRISHNASWAMY - 3 - NC: 2023:KHC:37701 RSA No. 892 of 2016 AGED ABOUT 65 YEARS R/AT OPP: MAIN MIDDLE SCHOOL WATER TANK ROAD, LAKKAVALLI LAKKAVALLI VILLAGE & POST TRIKERE TALUK CHIKKAMAGALURU – 577 228 4 (B) SOMASHEKHAR K. S/O LATE K.T. KRISHNASWAMY AGED ABOUT 63 YEARS R/AT OPP: MAIN MIDDLE SCHOOL WATER TANK ROAD, LAKKAVALLI LAKKAVALLI VILLAGE & POST TRIKERE TALUK CHIKKAMAGALURU – 577 228 4(C) RAJASHEKHAR K S/O LATE K.T. KRISHNASWAMY AGED ABOUT 56 YEARS R/AT "SINDHU" 1ST FLOOR MAMAKARA APARTMENT KASHIPURA SHIVAMOGGA – 577 204 5. K.R. ASHWATH S/O LATE K.T. RAMASWAMY MAJOR IN AGE, R/AT WATER TANK ROAD, LAKKAVALLI,TARIKERE TALUK, CHIKKAMAGALURU-577 228 6. K.R. NAGESH S/O LATE K.T. RAMASWAMY MAJOR IN AGE, R/AT WATER TANK ROAD, LAKKAVALLI,TARIKERE TALUK, CHIKKAMAGALURU-577 228 7. K.T. RANGASWAMY SINCE DEAD BY HIS LR'S - 4 - NC: 2023:KHC:37701 RSA No. 892 of 2016 7(A) 7(B) SMT. NAGARATHNA W/O LATE K. T. RANGASWAMY AGED ABOUT 80 YEARS SATHYANARAYANA K S/O LATE K.T. RANGASWAMY AGED ABOUT 59 YEARS RESPONDENT Nos. 7(A) AND 7(B) ARE R/AT OPP: MAIN MIDDLE SCHOOL WATER TANK ROAD, LAKKAVALLI LAKKAVALLI VILLAGE & POST TRIKERE TALUK CHIKKAMAGALURU – 577 228 …RESPONDENTS (BY SRI. G. KRISHNA MURTHY, SR. COUNSEL FOR SRI. GANAPATHI, ADVOCATE FOR C/R1, 6, 7, 5 2(A)(1,2), 2(B), 2(C), 4(A-C) & 7 (A&B) SRI. ASHOK G.V. FOR R1 SRI. MAHANTESH SHETTAR, AGA FOR R3) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 05.02.2016 PASSED IN RA.NO.78/2013 ON THE FILE OF THE ADDL. DISTRICT JUDGE, CHIKKAMAGALURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 24.02.2004 PASSED IN OS.NO.74/1995 ON THE FILE OF THE CIVIL JUDGE (S.D.) TARIKERE. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING: JUDGMENT 1. Initially the appeal was filed through the advocate. The learned counsel for the appellant issued a - 5 - NC: 2023:KHC:37701 RSA No. 892 of 2016 retirement notice to the appellant and filed a memo for retirement along with copy of retirement notice, postal receipt and postal shara which discloses that the retirement notice was duly served on the appellant. The memo was taken on record on 10.10.2023. Learned counsel was permitted to retire from the case for the appellant. Office was directed to print the name of appellant in the cause list and ordered to be listed today. 2. Case called out. None appears for the appellant. The appeal of is of the year 2016, it shows that the appellant is not interested in prosecuting the appeal. Accordingly, the appeal is dismissed for non prosecution. In view of disposal of the appeal, pending IAs, if any, do not survive for consideration and are accordingly disposed of. Sd/- JUDGE SKS