IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO.1045 OF 2021 (DEC) BETWEEN SRI THIMMEGOWDA, S/O LATE VENKATARAMANAIAH, AGED ABOUT 67 YEARS, OCC: AGRICULTURIST, RESIDING AT C. KODEGEHALLI, C. S. PURA HOBLI, GUBBI TALUK , TUMKURU DISTRICT – 572 213. …APPELLANT/S (Sri/Smt : C. S. MADHU AND D. L. LATHA, ADVOCATES) AND 1 . SRI LATE VENKATAIAH, S/O GIRIYAPPA, DEAD BY HIS LRS., SMT. JAYAMMA, W/O LATE VENKATAIAH, AGED ABOUT 66 YEARS, RESIDING AT C. KODIGEHALLI, …2 RSA NO. 1045/2021 2 C. S. PURA HOLBI, GUBBI TALUK, TUMKURU DISTRICT – 572 213. 2 . SRI GIRISHA, S/O LATE VENKATAIAH, AGED ABOUT 50 YEARS, RESIDING AT C. KODIGEHALLI, C. S. PURA HOBLI, GUBBI TALUK, TUMKURU DISTRICT – 572 213. 3 . SRI ANANDA, S/O LATE VENKATAIAH, AGED ABOUT 38 YEARS, RESIDING AT C. KODIGEHALLI, C. S. PURA HOBLI, GUBBI TALUK, TUMKURU DISTRICT – 572 213. 4 . SMT. LAKSHMI, D/O LATE VENKATIAH, W/O JAYARAM, AGED ABOUT 48 YEARS, RESIDING AT ADALAGERE, KUNIGAL TALUK, TUMKURU DISTRICT – 572 130. …3 RSA NO. 1045/2021 3 5 . STATE OF KARNATAKA, BY IT’S CHIEF SECRETARY, VIDHANA SOUDHA, BANGALORE – 560 001. 6 . THE TAHSILDAR, GUBBI TQ, GUBBI, TUMKURU DISTRICT – 572 116. 7 . ASSISTANT DIRECTOR OF LAND RECORDS, GUBBI TALUK, GUBBI – 572 116. 8 . THE REVENUE INSPECTOR, C. S. PURA REVENUE CIRCLE, GUBBI TALUK, TUMKURU DISTRICT – 572 116. …RESPONDENT/S REGULAR SECOND APPEAL FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 30.08.2021 PASSED IN RA.NO. 22/2020 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC., GUBBI, DISMISSING THE APPEAL AND FILED AGAINST THE JUDGMENT AND DECREE …4 RSA NO. 1045/2021 4 DATED 14.02.2020 PASSED ON IA.NO. 4 IN OS.NO. 47/2015 ON THE FILE OF THE C/C PRINCIPAL CIVIL JUDGE AND JMFC., GUBBI. ALLOWING THE IA.NO.4 FILED UNDER ORDER 7 RULE 11 OF CPC., FOR REJECTION OF PLAINT. This Regular Second Appeal coming on for Orders, this day the Court made the following Order:- ORAL ORDER ON I.A. NOS.1 AND 2 OF 2023 Heard on I.A. Nos. 1 and 2 of 2023. Ι.Α.Νο.1/2023 is filed to condone the delay of 78 days in filing the recalling application and I.A.No.2/2023 is filed to recall the Order dated 21.03.2023. Though reasons assigned in the affidavits in support of the applications are not satisfactory, in the interest of justice, the delay of 78 days in filing the recalling application is allowed and the Order dated 21.03.2023 is recalled, on payment of cost of Rs.2,000/- to the Karnataka State High Court Legal Services Committee. Accordingly, 1.A.Nos.1 and 2 of 2023 are allowed. …5 RSA NO. 1045/2021 5 Office objections are to be complied on or before 30.08.2025 failing which appeal stand dismissed for non prosecution again. If the office objections are complied, re-list the matter for Admission on 08.09.2025 Sd/- JUDGE NOTE : Vide Court Order dated 21.08.2025, the office objections are not complied with, hence the appeal is hereby dismissed for non prosecution. COPY Sd/- ASSISTANT REGISTRAR T By: SR R By: VS C By: GS Ty Date: 22.11.2025 C Date: 24.11.2025