- 1 - HC-KAR NC: 2025:KHC:32765 RSA No. 1940 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. 1940 OF 2013 (PAR) BETWEEN: 1. H.S. SHIVAKUMAR AGED ABOUT 22 YEARS, S/O SHIVASWAMY, 2. H.S. SHEELA D/O SHIVASWAMY, AGED ABOUT 17 YEARS, REPRESENTED BY HER MOTHER/ NATURAL GUARDIAN SMT. RAJAMMANNI 3. SMT. RAJAMMANNI AGED ABOUT 43 YEARS, W/O SHIVAWAMY, ALL ARE RESIDING AT HUSKUR VILLAGE, HADINARU POST, HULLAHALLI HOBLI, NANJANAGUD TALUK, MYSORE DISTRICT – 571 314 …APPELLANTS (BY SRI. H.S. SHIVAKUMAR, SMT. H.S. SHEELA AND SMT. RAJAMMANNI, APPELLANTS NO.1 TO 3 (ABSENT)) AND: 1. SHIVASWAMY AGED ABOUT 54 YEAR, S/O H.B. CHANDRA, 2. SHIVASWAMY AGED ABOUT 58 YEAR, S/O H.B. PARAMESHWARAPPA, RESPONDENTS NO.1 AND 2 ARE R/AT HUSKUR VILLAGE, Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32765 RSA No. 1940 of 2013 HADINARU POST, HULLAHALLI HOBLI, NANJANAGUD TALUK, MYSORE DISTRICT - 571 314 3. CHITRA W/O T. CHELUVAPPA, R/AT R.P ROAD, 15TH CROSS, NAGESHWAR LAYOUT, NANJANGUD TOWN, MYSORE DISTRICT – 571 301 4. SHANTHARATHNA AGED ABOUT 48 YEARS, W/O SHIVASWAMY, 5. H.S. BHUVANESHWARI AGED ABOUT 28 YEARS, D/O SHIVASWAMY, 6. H.S. SHILPA AGED ABOUT 26 YEARS, D/O SHIVASWAMY, 7. H.S CHANDRASHEKAR, AGED ABOUT 23 YEARS, S/O SHIVASWAMY, 8. H.S PRIYA D/O SHIVASWAMY, AGED ABOUT 21 YEARS, RESPONDENTS NO.4 TO 8 ARE R/AT NO.74, SUPRIYA NILAYA, TEACHER’S COLONY, NANJANAGUD TOWN, MYSORE DISTRICT – 571 301 …RESPONDENTS (R1, R3 TO R8 SERVED, R2 – APPEAL ABATED VIDE COURT ORDER DATED 26.03.2025) THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGEMENT & DECREE DATED 16.07.2013 PASSED IN R.A.NO.804/2010 ON THE FILE OF THE I ADDL. - 3 - HC-KAR NC: 2025:KHC:32765 RSA No. 1940 of 2013 DISTRICT JUDGE, MYSORE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED 07.09.2010 PASSED IN O.S.NO.19/2007 ON THE FILE OF THE SENIOR CIVIL JUDGE, NANJANGUD. 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 case was listed on 18.08.2025. There was no representation on behalf of the appellants and the counsel for the appellants had filed a memo seeking retirement along with notice sent to the appellants which returned with an endorsement "unclaimed" and the learned counsel for the appellant was permitted to retire from the case. 2. The case is listed today under the caption "dismissal". 3. There is no representation on behalf of the appellants. Appellants are also not present. Therefore, appeal is dismissed for non-prosecution. Sd/- (ANANT RAMANATH HEGDE) JUDGE Bsv/List No.: 1 Sl No.: 12