- 1 - HC-KAR NC: 2025:KHC:37587 RSA NO.1577 OF 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH REGULAR SECOND APPEAL NO.1577 OF 2016 (SP) BETWEEN: SMT. SHYAMALA W/O SEETHARAMA SHETTY, AGED ABOUT 57 YEARS, R/O KANJUR HOUSE, BANNUR VILLAGE AND POST, PUTTUR TALUK, DAKSHINA KANNADA - 574 201. …APPELLANT (BY SMT. SHYAMALA, PETITIONER (ABSENT)) AND: 1. KOOSAMMA W/O LATE NARAYANA SHETTY, SINCE DECEASED BY HER LEGAL REPRESENTATIVES. MR. SEETHARAMA SHETTY S/O LATE NARAYANA SHETTY, AGED ABOUT 69 YEARS, R/O KANJUR HOUSE, BANNUR VILLAGE AND POST, PUTTUR TALUK, DAKSHINA KANNADA. 2. MR. CHENNAPPA SHETTY S/O LATE NARAYANA SHETTY, AGED ABOUT 67 YEARS, R/O DOTA HOUSE, KAVALAMUNDOOR VILLAGE, BANTWAL TALUK, DAKSHINA KANNADA - 574 211. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37587 RSA NO.1577 OF 2016 3. MR. VITTAL SHETTY S/O LATE NARAYANA SHETTY AGED ABOUT 65 YEARS, R/O BOLLAVU HOUSE, UPPINANGADY VILLAGE AND POST, PUTTUR TALUK, DAKSHINA KANNADA - 574 201. 4. MRS. YASHODHA W/O SEETHARAMA RAI, AGED ABOUT 63 YEARS, R/O KURLITHIMAR HOUSE, NETLAMUDNOOR VILLAGE, NERLAKATTE POST, BANTWAL TALUK, DAKSHINA KANNADA - 574 211. 5. MR. CHANDRA SHETTY S/O LATE NARAYANA SHETTY, AGED ABOUT 61 YEARS, R/O BOLLAVU HOUSE, UPPINANGADY VILLAGE AND POST, PUTTUR TALUK, DAKSHNA KANNADA - 574 201. 6. MRS. SHAMBHAVI W/O DEVADAS SHETTY, AGED ABOUT 57 YEARS, R/O SAMPIGEDADI HOUSE, BELIYOOR VILLAGE AND POST, BANTWAL TALUK, DAKSHINA KANNADA - 574 211. 7. MRS. YAMUNA W/O BHUJANGA SHETTY, AGED ABOUT 55 YEARS, R/O PATRAME HOUSE, KOKKADA VILLAGE AND POST, BELTHANGADY TALUK - 574 217. - 3 - HC-KAR NC: 2025:KHC:37587 RSA NO.1577 OF 2016 8. MR. DODDANNA S/O LATE NARAYANA SHETTY, AGED ABOUT 59 YEARS, R/O KAJJEKKAR HOUSE, UPPINANGADY VILLAGE AND POST, PUTTUR TALUK, DAKSHINA KANNADA - 574 201. …RESPONDENTS THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE AGAINST THE JUDGMENT AND DECREE DATED 27TH JUNE, 2016 PASSED IN REGULAR APPEAL NO.111 OF 2012 ON THE FILE OF V ADDITIONAL DISTRICT AND SESSIONS JUDGE, DAKSHINA KANNADA, MANGALURU, SITTING AT PUTTUR, DAKSHINA KANNADA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 21ST AUGUST, 2012 PASSED IN ORIGINAL SUIT NO.38 OF 1999 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND ACJM., PUTTUR, DAKSHINA KANNADA. THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL JUDGMENT The Court Notice issued through the Principal District and Sessions Judge, Dakshina Kannada District is served on the appellant personally on 12th September, 2023. - 4 - HC-KAR NC: 2025:KHC:37587 RSA NO.1577 OF 2016 2. Though the notice has been served to the appellant on 12th September, 2023, till date, appellant had not appeared. Therefore, I am of the view that the appellant is not interested in pursuing the matter. 3. Hence, Regular Second Appeal is dismissed for non-prosecution. SD/- (E.S.INDIRESH) JUDGE ARK List No.: 1 Sl No.: 8