- 1 - HC-KAR NC: 2025:KHC:33159 RSA No. 1631 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO.1631 OF 2021 (PAR) BETWEEN: SRI SHIVAJI GOWDA S/O KARIYAPPA GOWDA, AGED 89 YEARS, R/O KURUVALLI VILLAGE, ULAVI HOBLI, SORABA TALUK, SHIMOGA DISTRICT 581 187. REPRESENTED BY HIS G.P.A HOLDER SRI K S VISHWANATHA GOWDA …APPELLANT (BY SRI BIMBADHAR M GOWDAR, ADVOCATE-ABSENT) AND: 1. SRI CHANDRASHEKARAPPA GOWDA S/O MALLAPPA GOWDA, AGED 58 YEARS, 2. CHITRASHEKHARA GOWDA S/O CHANDRSHEKARAPPA GOWDA, AGED 36 YEARS, 3. MALLESHAPPA GOWDA S/O CHANDRASHEKARAPPA GOWDA, AGED 31 YEARS, 4. VEERABHADRAPPA GOWDA S/O MALLAPA GOWDA, DEAD BY LRS, Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33159 RSA No. 1631 of 2021 (a) SMT. VEERAMMA W/O VEERABHADRAPPA GOWDA, AGED 60 YEARS, ALL ARE RESIDENTS OF KULUVALLIGE VILLAGE, ULAVI HOBLI, SORABA TALUK SHIMOGA DISTRICT -581 187. (b) MALLIKARJUNA GOWDA S/O VEERABHADRAPPA GOWDA, DEAD BY LRS, 4(b)(1) SMT. K N VINAYA KUMARI, W/O MALLIKARJUNA GOWDA AGED 51 YEARS, 4(b)(2) SMT K M VIMA D/O MALLIKARJUNA GOWDA AGED 27 YARS, 4(b)(3) VIBHA K M D/O MALLIKARJUNA GOWDA, AGED 22 YEARS, RESPONDENTS 4b(1) to (3) ARE RESIDING AT 2ND CROSS, JAYANAGARA SHIMOGA TOWN -577 400. 4(c) SRI KANTHARAJ DEAD BY LRS 4(c)(1) SMT GEETHAMMA W/O LATE KANATHARAJ AGED 45 YEARS, 4(c)(2) KUM. NAVYA D/O KANTHARAJ, AGED ABOUT 24 YEARS, - 3 - HC-KAR NC: 2025:KHC:33159 RSA No. 1631 of 2021 4(c)(3) VIDHYADHAR S/O KANTHARAJ AGED 20 YEARS, 4(c)(1) to 4(c)(3) ARE RESIDING AT KULUVALLI VILLAGE, ULAVI HOBLI, SORABA TALUK, SHIMOGA DISTRICT. 4(d). SMT ANNAPOORNA W/O MALLESHAPPA GOWDA, AGED 58 YEARS, HAREGI VILLAGE, SHIKARIPURA TALUK 4(e) SMT ANASOOYAMMA W/O D.V. MANJUNATHA, AGED 54 YEARS, R/O DOMBESARA VILLAGE, ULLURU POST, SAGARA TALUK -577 401. 4(f) SMT SUJATHA W/O RAVI GOWDA AGED 45 YEARS, R/O HOSAKOPPA VILLAGE, SIRSI TALUK -581401. 5. BASAVARAJAPPA GOWDA S/O BOODYAPPA GOWDA, AGED 42 YEARS, HEGGODU, HALAGALALE VILLAGE, SORABA TALUK. 6. SMT KUSUMA W/O VEERAPPA GOWDA, AGED ABOUT 40 YEARS, KALIGGERI VILLAGE, JADE HOBLI, SORABA TALUK. - 4 - HC-KAR NC: 2025:KHC:33159 RSA No. 1631 of 2021 7. K P SHIVAPPA GOWDA S/O KOTRAPPA GOWDA, AGED 65 YEARS, 8. SRI MALLIKARJUNA DEAD BY LRS DECEASED UNMARRIED 9. SMT.SAVITHA W/O JAGADEESH GOWDA AGED 28 YEARS RESPONDENT NO.7 TO 9 ARE RESIDENTS OF KUMSI, BILUVANI POST, SORABA TALUK. …RESPONDENTS THIS RSA IS FILED UNDER SECTION 100 OF CIVIL PROCEDURE CODE AGAINST THE JUDGMENT AND DECREE DATED 19.12.2019 PASSED IN R.A.No.10004/2018 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA, (SITTING AT SAGAR), DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 01.01.2018 PASSED IN O.S.No.52/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, SORABA. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 5 - HC-KAR NC: 2025:KHC:33159 RSA No. 1631 of 2021 ORAL ORDER Counsel for the appellant is absent even in the second round of calling of cases. 2. Matter was adjourned from yesterday to today to furnish the copy of the General Power of Attorney, as the appellant is represented by his General Power of Attorney Holder. 3. Appeal is filed in the year 2021. Till today copy of the General Power of Attorney is not filed. 4. Taking note of the same, appeal stands dismissed for non prosecution. Sd/- (V SRISHANANDA) JUDGE MR