- 1 - HC-KAR NC: 2025:KHC:20278 RSA No. 1590 of 2011 C/W RSA No. 1591 of 2011 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE REGULAR SECOND APPEAL NO. 1590 OF 2011 (DEC) C/W REGULAR SECOND APPEAL NO. 1591 OF 2011 (DEC) IN RSA No. 1590/2011 BETWEEN: 1. SRI KESHAVAIAH SHETTY, S/O LATE SOORAIAH SHETTY, MAJOR. 2. SRI MUNIKRISHNA SHETTY, S/O LATE SOORAIAH SHETTY, MAJOR. 3. SRI CHANDRA PRAKASH, S/O LATE SOORAIAH SHETTY, MAJOR. (APPELLANTS 1 TO 3 ARE RESIDING AT GANDHI CHOWKA BAZAR STREET, VIJAYAPURA TOWN, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562110). 4. SRI LAKSHMINARAYANA SHETTY, AGED 60 YEARS, R/AT NO.40, 3RD CROSS GIRLS SCHOOL ROAD, BEHIND SURVEY OFFICE CHIKKABALLAPUR POST, CHIKKABALLAPUR DISTRICT - 562110. …APPELLANTS (BY SRI MUNIKRISHNA SHETTY, ADVOCATE FOR A2; Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20278 RSA No. 1590 of 2011 C/W RSA No. 1591 of 2011 SRI CHANDRA PRAKASH, ADVOCATE FOR A3; SRI LAKSHMINARAYANA SHETTY, ADVOCATE FOR A4;) VIDE ORDER DATED 11.04.2023, A1-KESHAVAIAH SHETTY (DECEASED)) AND: 1. SRI KRISHNAPPA, S/O MANNAPPA, MAJOR, R/AT J. C. EXTENSION, VIJAYAPURA TOWN, DEVANAHALLI TALUK-562110. 2. SRI SHANMUKHA, MAJOR, S/O MANNAPPA, R/AT J. C. EXTENSION, VIJAYAPURA TOWN, DEVANAHALLI TALUK-562110. 3. SRI ABDUL KHADAR SAB, SINCE DEAD BY HIS LRS. 3(a) ASRAF NEESA, D/O ABDUL KADAR SAB, AGED ABOUT 45 YEARS, RESIDING AT, 1ST MAIN ROAD, TIPPU NAGAR, NEAR MAULA GARAGE, KOLAR ROAD, VIJAYAPURA, DEVANAHALLI TALUK. 3(b) SARDAR, S/O ABDUL KADAR SAB, AGED ABOUT 44 YEARS, RESIDING AT, 1ST MAIN ROAD, TIPPU NAGAR, NEAR MAULA GARAGE, KOLAR ROAD, VIJAYAPURA, DEVANAHALLI TALUK. 3(c) SABER, S/O ABDUL KADAR SAB, - 3 - HC-KAR NC: 2025:KHC:20278 RSA No. 1590 of 2011 C/W RSA No. 1591 of 2011 AGED ABOUT 43 YEARS, RESIDING AT, 1ST MAIN ROAD, TIPPU NAGAR, NEAR MAULA GARAGE, KOLAR ROAD, VIJAYAPURA, DEVANAHALLI TALUK. 3(d) MUBARAK, S/O ABDUL KADAR SAB, AGED ABOUT 44 YEARS, RESIDING AT, 1ST MAIN ROAD, TIPPU NAGAR, NEAR MAULA GARAGE, KOLAR ROAD, VIJAYAPURA, DEVANAHALLI TALUK. 3(e) PARATHUNNISSA, D/O ABDUL KAHADAR SAB, CHIKKONDAHALLI VILLAGE, NANDHAGUDI HOBLI, HOSKOTE TALUK. 3(f) ISHRATH, S/O ABDUL KADAR SAB, AGED ABOUT 44 YEARS, RESIDING AT, 1ST MAIN ROAD, TIPPU NAGAR, NEAR MAULA GARAGE, KOLAR ROAD, VIJAYAPURA, DEVANAHALLI TALUK. 3(g) NAGEEN TAJ, MADEENA CLINIC ROAD, SHANTHI NAGAR, VIJAYAPURA, DEVANAHALLI TALUK. 4. SRI M. SHAMANNA . S/O MANNAPPA, MAJOR, R/AT OPPOSITE OF K.E.B. OFFICE, CHIKKABALLAPUR ROAD, VIJAYAPURA TOWN, DEVANAHALLI TALUK, - 4 - HC-KAR NC: 2025:KHC:20278 RSA No. 1590 of 2011 C/W RSA No. 1591 of 2011 BANGALORE RURAL DISTRICT-562110. …RESPONDENTS (BY SRI. VIGNESHWARA U., ADVOCATE FOR R1 & R2; SMT.S.B.LAKSHMI, ADVOCATE FOR THE LR'S OF R3 AS R3(A TO G)) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 18.4.2011 PASSED IN R.A.NO.25/2010 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT, DEVANAHALLI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 20.4.2009 PASSED IN O.S.NO.152/2000 ON THE FILE OF THE CIVIL JUDGE COURT, DEVANAHALLI. IN RSA NO. 1591/2011 BETWEEN: 1. SRI LAKSHMINARAYANA SHETTY, AGED 60 YEARS, R/AT NO.40, 3RD CROSS, GIRLS SCHOOL ROAD, BEHIND SURVEY OFFICE, CHIKKABALLAPUR POST, CHIKKABALLAPUR DISTRICT-562101. ...APPELLANT (BY SRI K.HANUMANTHARAYAPPA, ADVOCATE (ABSENT)) AND: 1. SRI ABDUL KHADAR SAB, S/O LATE SHEIKH KASIM SAB, MAJOR, R/AT SHANTI NAGAR, VIJAYAPURA TOWN, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562110. 2. SRI KRISHNAPPA, S/O MANNAPPA, MAJOR, R/AT J.C. EXTENSION, VIJAYAPURA TOWN, - 5 - HC-KAR NC: 2025:KHC:20278 RSA No. 1590 of 2011 C/W RSA No. 1591 of 2011 DEVANAHALLI TALUK-562110. 3. SRI SHANMUKHA, S/O MANNAPPA, MAJOR, R/AT J.C. EXTENSION, VIJAYAPURA TOWN, DEVANAHALLI TALUK-562110. 4. SRI KESHAVAIAH SHETTY, S/O LATE SOORAIAH SHETTY, MAJOR. 5. SRI MUNIKRISHNA SHETTY, S/O LATE SOORAI SHETTY, MAJOR. 6. SRI SURYA PRAKASH, S/O LATE SOORAIAH SHETTY, MAJOR, R/AT GANDHI CHOWKA BAZAR STREET, VIJAYAPURA TOWN, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562110. ...RESPONDENTS (BY R1 - DECEASED; SRI VIGNESHWARA U., ADVOCATE FOR R2 AND R3; R4, R5 AND R6 ARE SERVED) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 18.4.2011 PASSED IN R.A.NO.46/2009 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT, DEVANAHALLI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 20.4.2009 PASSED IN O.S.NO.22/2003 ON THE FILE OF THE ADDL. CIVIL JUDGE (JR.DN) & JMFC, DEVANAHALLI. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 6 - HC-KAR NC: 2025:KHC:20278 RSA No. 1590 of 2011 C/W RSA No. 1591 of 2011 CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE ORAL JUDGMENT The appellants called-out absent. There is no representation on behalf of the appellants. Hence, the appeal is dismissed for non-prosecution. Sd/- (ANANT RAMANATH HEGDE) JUDGE CPN List No.: 1 Sl No.: 12