- 1 - NC: 2025:KHC:10665 RSA No. 2026 of 2011 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO. 2026 OF 2011 (DEC) BETWEEN: SRI. NARAYANAPPA, S/O LATE HANUMANTHAPPA, AGED ABOUT 74 YEARS, OCC: AGRICULTURE, R/AT KANTHAIANAPALYA VILLAGE, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK, BANGALORE RURAL DISTRICT - 560 082. …APPELLANT (BY SRI. G S BHAT., ADVOCATE) AND: 1. SMT. SEEKALAMMA, AGED ABOUT 74 YEARS, W/O LATE KRISHNAPPA, OCC: AGRICULTURE, R/AT KANTHAINAPALYA VILLAGE, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK, BANGALORE RURAL DISTRICT - 560 082. 2. SRI. CHIKKAKUNNAPPA, DIED ON 11.06.2013 SINCE DECEASED REPRESENTED BY HIS LRS. Digitally signed by CHAITHRA P Location: High Court of Karnataka - 2 - NC: 2025:KHC:10665 RSA No. 2026 of 2011 2(a) SMT.THAYAMMA, W/O LATE CHIKKAKUNNAPPA, AGED ABOUT 70 YEARS, OCCUPATION:AGRICULTURE, RESIDING AT KAGGALIPURA VILLAGE, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK, BANGALORE DISTRICT. 2(b) SRI.VENKATAPPA, SON OF LATE CHIKKAKUNNAPPA, AGED ABOUT 52 YEARS, OCCUPATION:AGRICULTURE, RESIDING AT KAGGALIPURA VILLAGE, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK, BANGALORE DISTRICT. 2(c) SRI.NAGARAJU, SON OF LATE CHIKKAKUNNAPPA, AGED ABOUT 50 YEARS, OCCUPATION:AGRICULTURE, RESIDING AT KAGGALIPURA VILLAGE, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK, BANGALORE DISTRICT. 2(d) SMT.PUTTALAKSHMI, DAUGHTER OF LATE CHIKKAKUNNAPPA, AGED ABOUT 45 YEARS, OCCUPATION:AGRICULTURE, RESIDING AT KAGGALIPURA VILLAGE, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK, BANGALORE DISTRICT. - 3 - NC: 2025:KHC:10665 RSA No. 2026 of 2011 2(e) SMT.JAYALAKSHMI, DAUGHTER OF LATE CHIKKAKUNNAPPA, AGED ABOUT 38 YEARS, OCCUPATION:AGRICULTURE, RESIDING AT KAGGALIPURA VILLAGE, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK, BANGALORE DISTRICT. 2(f) SRI.KRISHNA, S/O LATE CHIKKAKUNNAPPA, AGED ABOUT 35 YEARS, OCCUPATION:AGRICULTURE, RESIDING AT KAGGALIPURA VILLAGE, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK, BANGALORE DISTRICT. 2(g) SRI.NARASIMHA, SON OF LATE CHIKKAKUNNAPPA, AGED ABOUT 30 YEARS, OCCUPATION:AGRICULTURE, RESIDING AT KAGGALIPURA VILLAGE, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK, BANGALORE DISTRICT. 2(h) SRI.RAMESHA, SON OF LATE CHIKKAKUNNAPPA, AGED ABOUT 28 YEARS, OCCUPATION:AGRICULTURE, RESIDING AT KAGGALIPURA VILLAGE, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK, BANGALORE DISTRICT. - 4 - NC: 2025:KHC:10665 RSA No. 2026 of 2011 3. SRI.MUNISIDDEGOWDA, SON OF KEMPALINGEGOWDA, AGED ABOUT 38 YEARS, OCCUPATION: BUSINESS, RESIDING AT NO.221, 2ND MAIN ROAD, 4TH CROSS, B.H.C.S. LAYOUT, UTTARAHALLI, BANGALORE - 560 061. …RESPONDENTS (BY SRI. P.M.SIDDAMALLAPPA, ADVOCATE FOR C/R1 AND R2 (A-H) R3 SERVED BUT UNREPRESENTED) THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGMENT & DECREE DATED 25.7.11 PASSED IN R.A.NO.45/2011 ON THE FILE OF PRESIDING OFFICER, FAST TRACK COURT-IV, BANGALORE RURAL DISTRICT, BANGALORE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 11.1.2011 PASSED IN OS.NO.2642/2005 ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE, BANGALORE RURAL DISTRICT, BANGALORE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE RAVI V HOSMANI - 5 - NC: 2025:KHC:10665 RSA No. 2026 of 2011 ORAL JUDGMENT Matter is listed for further orders for non-compliance i.e., failure to file paper book and non-payment of cost of Rs.10,000/-. 2. Learned counsel for appellant submits that he is unable to secure instructions from appellant. This would indicate that appellant is not diligently pursuing appeal. Hence, appeal is dismissed for non-prosecution. Sd/- (RAVI V HOSMANI) JUDGE SMJ List No.: 1 Sl No.: 10