- 1 - HC-KAR NC: 2025:KHC:38503 RFA No. 1269 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI REGULAR FIRST APPEAL NO. 1269 OF 2017 (RES) BETWEEN: 1. SRI. BASAVARAJA SHASTRY @ BASAVARAJU @ BASAVAIAH, S/O LATE GANGAIAH, AGED ABOUT 81 YEARS, R/AT BALLAPURA VILLAGE, BELLAVI HOBLI, TUMKUR TALUK-572101 …APPELLANT (BY SRI. SHANKAR LINGAPPA NAGARAJ.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BANGALORE-560 001 2. THE DEPARTMENT OF ENDOWMENT BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BANGALORE-560 001 3. PATELA VAMSHASTHARADHA LATE SOMEGOWDAARU, RUDREGOWDARU & PATEL VEERANNA SMARAKA, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38503 RFA No. 1269 of 2017 (a) SRI SHANESHWARASWAMY DEVASTHANA TRUST, BY ITS PRESIDENT, B.V. NANJANNA S/O PATEL VEERAGOWDA, AGE MAJOR, R/O BALLAPURA VILLAGE, BELLAVI HOBLI, TUMKUR TALUK DEAD BY LRS. SRI SOMASHEKARA, S/O LATE B V NANJANNA, AGED ABOUT 58 YEARS, R/AT BALLAPURA VILLAGE, BELLAVI HOBLI, TUMKUR TALUK-572101 4. SRI SHANIMAHADEVARA JEERNODHARA SAMITHI BY ITS TRUSTEE, SIDDALINGAIAH S/O HANUMANTHAIAH, AGED ABOUT 50 YEARS, R/O AGALAKUMTE PALYA, BELLAVI HOBLI, TUMKUR TALUK-572 101 5. SRI R VEERAPPA S/O RUDREGOWDA AGED ABOUT 75 YEARS. 6. SRI CHANDREGOWDA S/O B.R. RAJANNA, AGED ABOUT 30 YEARS. 7. SRI BUJANGE RAO S/O CHIDAMBARA RAO, AGED ABOUT 48 YEARS. - 3 - HC-KAR NC: 2025:KHC:38503 RFA No. 1269 of 2017 8. SRI SHIVALINGAIAH S/O LAKKANNA, AGED ABOUT 60 YEARS. 9. SRI MANJUNATHA S/O NOT KNOWN, AGED ABOUT 45 YEARS. RESPONDENTS 5 TO 8 ARE R/OF BALLAPURA VILLAGE, BELLAVI HOBLI, TUMKUR TALUK-572 101 10. SMT PUTTAMMA W/O M N KALAIAH, AGED ABOUT 60 YEARS, R/AT MANIVINAKURIKE VILLAGE, NEAR THOVINAKERE, KORATAGERE TALUK-572129 11. SMT RUDRAMMA W/O SIDDAVEERAIAH, AGED ABOUT 60 YEARS, SEEBI AGRAHARA, KALLAMBELLA HOBLI, TUMKUR TALUK-572 129 12. THE GRAMA PANCHAYATH BUGUDANAHALLI, BY ITS PRESIDENT & SECRETARY, BUGUDANAHALLI VILLAGE, BELLAVI HOBLI, TUMKUR TALUK-572101 13. SRI NARASIMHAMURTHY - 4 - HC-KAR NC: 2025:KHC:38503 RFA No. 1269 of 2017 S/O LATE PUTTAIAH, AGED ABOUT 55 YEARS, R/AT BALLAPUR VILLAGE, BELLAVI HOBLI, TUMKUR TALUK-572101 14. SRI RANGASWAMAIAH S/O LATE MURUGAIAH, AGED ABOUT 55 YEARS, R/AT BALLAPUR VILLAGE, BELLAVI HOBLI, TUMKUR TALUK-572101 15. SRI RAJASHEKARAIAH S/O GANGANNA, AGED ABOUT 45 YEARS, R/O AGALAGUNTEPALYA, BELLAVI HOBLI, TUMKUR TALUK-572 101. …RESPONDENTS (BY SRI HANUMANTHARAYA LAGALI, A.G.A. FOR R1 & R2; SRI SHANMUKHAPPA, ADVOCATE FOR R3A, R8, R9 & R11; R7, R12 AND R13 - SERVED; V/O. DATED 14.07.2023 APPEAL DISMISSED AGAINST R4 & R14; V/O. DATED 14.07.2023 APPEAL STANDS ABATED AGAINST RESPONDENTS NO.5, 6 AND 10) THIS RFA IS FILED UNDER SECTION 96 OF CPC 1908, AGAINST THE JUDGMENT AND DECREE DATED 18.03.2017 PASSED IN OS.NO.03/2006 ON THE FILE OF THE PRINCIPAL ADDL. DISTRICT AND SESSIONS JUDGE, TUMAKURU., DISMISSING THE SUIT FOR POSSESSION. THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC:38503 RFA No. 1269 of 2017 CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT On previous occasion, failure of appellant to take steps for deceased respondent no.4, 5, 6, 10 and 14 was noted and matter was posted today for hearing on survival. 2. Sri Shankarlingappa Nagaraj, learned counsel for appellant appears today and submits that he has instructions about death of sole appellant. 3. Since steps are not taken in time, appeal is dismissed as abated. Sd/- (RAVI V HOSMANI) JUDGE HNM List No.: 1 Sl No.: 8