- 1 - HC-KAR NC: 2025:KHC:26810 RSA No. 789 of 2012 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR SECOND APPEAL NO. 789 OF 2012 (INJ) BETWEEN: 1. SMT. SOUBHAGYA S. SWAMY, W/O LATE SHIVANANDASWAMY, AGED ABOUT 74 YEARS, 2. T.S. VIJAYA DUTT, S/O LATE SHIVANANDASWAMY, AGED ABOUT 35 YEARS, BOTH ARE R/AT "SIDDALINGESHWARA PRABHE", NO.21, 1ST FLOOR, 4TH CROSS, LIC COLONY, 3RD BLOCK, WEST, JAYANAGAR, BANGALORE. …APPELLANTS (BY SRI. S.B. HALLUR, ADVOCATE) AND: VIJAYAKUMAR S/O M.C. BASAVARADHYA, AGED ABOUT 55 YEARS, PROPRIETOR: SRI SIDDALINGESHWARA PROVISION STORES, B.H. ROAD, TIPTUR. …RESPONDENT (BY SRI. JAGADEESH MUNDARAGI, ADVOCATE) Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26810 RSA No. 789 of 2012 THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 3.3.2012 PASSED IN R.A.NO.144/2005 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE(SR.DN), TIPTUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 17.09.2005 PASSED IN O.S.NO.286/1999 ON THE FILE OF THE ADDL. CIVIL JUDGE (JR.DN) & JMFC., TIPTUR. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL JUDGMENT Court notice sent to the appellants has returned with an endorsement as "address is sufficient". Notice is sent to the address furnished in the appeal memo. 2. Notice was sent consequent to death of the learned counsel for the appellants. Hence, there is no representation on behalf of the appellants. Therefore, the appeal is dismissed for non-prosecution. Sd/- (ANANT RAMANATH HEGDE) JUDGE rv List No.: 1 Sl No.: 14 CT: BHK