- 1 - HC-KAR NC: 2025:KHC:20248 RSA No. 2578 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. 2578 OF 2011 (SP) BETWEEN: NAZEER AHMED, S/O LATE MASTAN SAB, AGED 56 YEARS, R/AT KHAJI PET, GUDIBANDA TOWN AND TALUK CHICKBALLAPUR DISTRICT - 562 101. …APPELLANT (BY SRI SHAH TAJ,ADVOCATE (ABSENT)) AND: J.V. GURUMURTHY, SINCE DEAD BY HIS LRS. 1) SMT.J.G.SREEDEVI, W/O LATE J.V.GURUMURTHY, AGED ABOUT 80 YEARS. 2) SRI J.G.VENKATESH MURTHY, S/O LATE J.V.GURUMURTHY, AGED ABOUT 55 YEARS, BOTH 1 AND 2 ARE RESIDING AT NO.11, JAHANVI NILAYA, 8TH CROSS BEML 3RD STAGE, BASAVESHWARA LAYOUT, BANGALORE-560098. 3) SRI J.G.UMESH, S/O LATE J.V.GURUMURTHY, AGED ABOUT 53 YEARS, RESIDING AT NO.24, 2ND FLOOR, 1ST MAIN ROAD, Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20248 RSA No. 2578 of 2011 RAMANJANEYA LAYOUT, CHIKKALASANDRA, BANGALORE-560061. 4) SRI J.G.ANIL KUMAR, AGED ABOUT 48 YEARS, S/O LATE J.V.GURUMURTHY, RESIDING AT NO.59, 1ST FLOOR, 3RD MAIN, AKSHAYANAGAR SATYA SAI LAYOUT, BEGUR, BANGALORE-560068. …RESPONDENTS (BY SRI NITHYANAND, K.R., ADVOCATE FOR LR'S OF DECEASED SOLE RESPONDENT) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 19.10.2011 PASSED IN R.A.NO.04/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE AND CJM, CHICKBALLAPUR, PARTLY ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 23.11.2009 PASSED IN O.S.NO.85/98 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AND JMFC, GUDIBANDE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE ORAL JUDGMENT None appears on behalf of the appellant. Hence, the appeal is dismissed for non-prosecution. Sd/- (ANANT RAMANATH HEGDE) JUDGE CPN List No.: 1 Sl No.: 13