- 1 - NC: 2025:KHC:12806 RSA No.2738 of 2011 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V. HOSMANI REGULAR SECOND APPEAL NO.2738/2011 (DEC/PAR) BETWEEN: SMT. BEERAMMA D/O LATE DODDAMAKAMMA AND W/O LATE KALEGOWDA DEAD BY LR'S. 1. SRI. K. NAGARAJU S/O LATE BEERAMMA AGED ABOUT 46 YEARS R/AT NO.1329/1, 1ST CROSS KURUBARAHALLI NAZARBAD MOHAL MYSORE. 2. SMT. MALAMMA AGED ABOUT 62 YEARS S/O LATE BEERAMMA R/AT NO.1329, 1ST CROSS KURUBARAHALLI NAZARBAD MOHALLA, MYSORE. 3. SMT. SIDDAMMA AGED ABOUT 52 YEARS D/O LATE NANJAMMA R/AT NO.86, NAZARBAD MOHALLA MYSORE. 4. SRI. TAMMANNA AGED ABOUT 55 YEARS S/O LATE NANJAMMA R/AT NO.86, 1ST CROSS KURUBARAHALLI Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court of karnataka - 2 - NC: 2025:KHC:12806 RSA No.2738 of 2011 NAZARBAD MOHALLA MYSORE. …APPELLANTS (BY SRI. A. RAMACHANDRA, ADV., [ABSENT]) AND: 1. SMT. JAVANAMMA D/O LATE KALEGOWDA AND LATE MAKAMMA AND W/O LATE PUTTEGOWDA AGED ABOUT 74 YEARS RESIDING AT MAKANHUNDI MYSORE TALUK. 2. SRI. MARIGOWDA S/O DODDAHENNAMMA DECEASED BY LR'S. a) SMT. RAMAMMA W/O LATE MARIGOWDA AGED ABOUT 66 YEARS. b) SMT. PUTTALAKSHMI D/O LATE MARIGOWDA AGED ABOUT 49 YEARS. c) SMT. SAKAMMA D/O LATE MARIGOWDA AGED ABOUT 47 YEARS. d) SRI. SHIVAMURTHY S/O LATE MARIGOWDA AGED ABOUT 45 YEARS. e) SMT. CHANDRAKALA D/O LATE MARIGOWDA AGED ABOUT 43 YEARS. ALL ARE R/AT. KALISIDDANHUNDI - 3 - NC: 2025:KHC:12806 RSA No.2738 of 2011 RAMANAHALLI DAKHLE MYSORE TALUK. 3. SRI. SIDDEGOWDA @ DANDI SIDDAGOWDA AGED ABOUT 70 YEARS. RESPONDENT NO.2 & 3 ARE R/AT KALISIDDANHUNDI RAMANAHALLI DAKHLE MYSORE TALUK. 4. SMT. MADAMMA AGED ABOUT 56 YEARS D/O LATE NANJAMMA W/O CHENNAPPA R/AT HINKAL, MYSORE CITY. 5. SMT. KALAMMA AGED ABOUT 48 YEARS D/O LATE NANJAMMA W/O MAHADEV R/AT H.NO.94, S-BLOCK JAKIE QUARTERS NAZARABAD MOHALLA MYSORE- 570 011. 6. SMT. SAKAMMA D/O LATE NANJAMMA W/O MAHADEV AGED ABOUT 42 YEARS R/AT. H.NO.1337, 1ST CROSS KURUBARAHALLI, NAZARBAD MOHALLA, MYSORE. 7. SRI. NARAYANA AGED ABOUT 58 YEARS S/O LATE NANJAMMA. 8. SRI. GOPALKRISHNA AGED ABOUT 54 YEARS S/O LATE SAKAMMA. - 4 - NC: 2025:KHC:12806 RSA No.2738 of 2011 9. SRI. RAMACHANDRA AGED ABOUT 51 YEARS S/O LATE SAKAMMA. 10. SRI. BHASKAR AGED ABOUT 48 YEARS S/O LATE SAKAMMA. 11. SMT. SHANTHAMMA AGED ABOUT 57 YEARS D/O LATE SAKAMMA. RESPONDENT NO.6 TO 10 ARE R/AT NO.5, 12TH CROSS MANJUNATHANAGAR, MAGADI ROAD BANGALORE- 23. 12. SRI. MAHADEV AGED ABOUT 40 YEARS S/O MALLEGOWDA R/AT BADAGALHUNDI MYSORE TALUK. 13. SRI. CHIKKAGANDU S/O MALLEGOWDA AGED ABOUT 36 YEARS R/AT BADAGALHUNDI MYSORE TALUK. …RESPONDENTS (R1, R2 (a-e), R6, R8 TO R13 ARE SERVED V/O/DTD:20.12.19 NOTICE TO R4, R5 & R7 ARE D/W APPEAL DISMISSED IS ABATED AS AGAINST R3) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 17.8.2011 PASSED IN R.A.NO.668/2010 ON THE FILE OF THE III ADDL. DISTRICT JUDGE, MYSORE, DISMISSING THE APPEAL FILED AGAINST THE JUDGMENT AND DECREE DATED 31.10.2006 PASSED IN O.S.NO.327/1998 ON THE FILE OF THE II CIVIL JUDGE (JR.DN) & JMFC., MYSORE. - 5 - NC: 2025:KHC:12806 RSA No.2738 of 2011 THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT None appears for appellants. 2. Even on previous dates of hearing i.e., 10.03.2025 and 18.03.2025, there was no representation. This would indicate that appellants are not diligently pursuing appeal. Therefore, appeal is dismissed for non-prosecution. Sd/- (RAVI V HOSMANI) JUDGE ABK List No.: 1 Sl No.: 39