- 1 - HC-KAR NC: 2025:KHC:32899 RSA No. 521 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR SECOND APPEAL NO. 521 OF 2013 (PAR) BETWEEN: 1. SHANKAR M S/O LATE MARRI GOWDA AGED ABOUT 57 YEARS R/A 1094, 4TH CROSS BOGATHI 2ND STAGE SOUTH MYSORE - 570 026. 2. M CHANDRA SHEKARA S/O LATE MARRI GOWDA AGED ABOUT 51 YEARS 3. SMT. NANJAMMA S/O LATE MARRIGOWDA AGED ABOUT 75 YEARS APPELLANT 2 AND 3 RESIDING AT R/A 689, 2ND FLOOR, 10TH MAIN VIJAYA NAGAR, 1ST STAGE MYSORE - 570 017. …APPELLANTS (BY SRI. B.V. GANGIREDDY, ADVOCATE (ABSENT)) AND: 1. M. RAGHUNANDAN S/O LATE M. MANJUNATH AGED ABOUT 29 YEARS Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32899 RSA No. 521 of 2013 2. SRI. M GANESH S/O LATE M MANJUNATH AGED ABOUT 23 YEARS RESPONDENT 1 AND 2 ARE RESIDING AT DOOR NO.3/6 MAHADEVESHWARA LAYOUT, VIJAYA NAGAR, MYSORE GOKULAM MYSORE - 570 017. 3. SMT. UMA PUTTARAJ D/O LATE S. MARRIGOWDA W/O PUTTARAJU AGED ABOUT 53 YEARS R/A D.NO. 1973, 15TH MAIN 2ND STAGE, VIJAYA NAGAR, MYSORE. 4. SMT. M. USHA D/O LATE MARRIGOWDA W/O VENKATACHALA AGED ABOUT 51 YEARS R/A 1921, 14TH MAIN 2ND STAGE, VIJAYANAGAR MYSORE - 570 017. 5. SMT M HEMALATHA D/O LATE S MARIGOWDA W/O DODDAIAH AGED ABOUT 49 YEARS R/A DOOR NO.208 THAMMADAGERI, HINKAL MYSORE TALUK - 570 017. …RESPONDENTS (BY SRI. C.V. SRINIVASA, ADVOCATE FOR R1 AND R2; R3 TO R5 - SERVED) - 3 - HC-KAR NC: 2025:KHC:32899 RSA No. 521 of 2013 THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE JUDGMENT & DECREE DATED 31.5.2012 PASSED IN R.A.NO.154/2008 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT III, MYSORE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DTD 23.6.2006 PASSED IN OS.NO.177/1996 ON THE FILE OF THE PRL. CIVIL JUDGE (SR.DN) MYSORE. THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL JUDGMENT This Court on 18.08.2025 has passed the following order: "None appears for the appellants. The appeal is of the year 2013. List this matter for 'dismissal' on 22.08.2025 in case of no appearance." 2. Today, the case is listed under the caption "dismissal". There is no representation on behalf of the appellants. 3. Learned counsel appearing for the proposed respondent Nos. 6 and 7 seeks an adjournment on the - 4 - HC-KAR NC: 2025:KHC:32899 RSA No. 521 of 2013 premise that respondents No. 6 and 7 intend to come on record as the appellants. 4. Learned counsel for the plaintiff-respondent No.1 submits that despite decree for partition and separate possession, during the pendency of the final decree proceeding, respondent Nos. 6 and 7 claim to have purchased the property and thereafter they have filed a suit claiming declaration of title and injunction and the same is dismissed. It is further submitted that appeal against the said judgment and decree is pending consideration. 5. Under these circumstances, this court does not find any reason to adjourn the matter and the appeal is dismissed for non-prosecution. Sd/- (ANANT RAMANATH HEGDE) JUDGE BSV List No.: 1 Sl No.: 11 CT: BHK