- 1 - HC-KAR NC: 2025:KHC:47889 RFA No. 1075 of 2008 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR FIRST APPEAL NO. 1075 OF 2008 (RES) BETWEEN: 1. MVGAN TRUST MARIYAMMA TEMPLE STREET, NEELASANDRA BANGALORE - 560 047, REP. BY ITS SECRETARY SRI. J. RUDRAPPA S/O JUNJAPPA AGED ABOUT 62 YEARS R/AT NO.19, MARIYAMMA KOIL STREET NEELASANDRA, BANGALORE - 560 047 2. SRI E KRISHNANARAYANA S/O ERAPPA AGED ABOUT 78 YEARS CHAIRMAN OF THE ABOVE TRUST R/AT NO.34, 2ND CROSS AUSTIN TOWN LAYOUT BANGALORE - 560 047 3. GUNDAPPA (SINCE DECEASED) SRI. YELLAPPA S/O MUTHAPPA Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47889 RFA No. 1075 of 2008 AGED ABOUT 63 YEARS R/AT NO.1, MUNEGOWDA GARDEN NEELASANDRA, BANGALORE-560047 4. SRI M MUNISWAMY S/O MUNIYAPPA AGED ABOUT 63 YEARS R/AT NO.24, NEELASANDRA BANGALORE - 560 047 5. SRI SRINIVASA S/O DODDAMUNIYAPPA AGED ABOUT 63 YEARS R/AT O.24, ANEPALYA MAIN ROAD ANEPALYA, BANGALORE - 560 030 6. SRI C KRISHNA S/O CHANNARAYAPPA AGED ABOUT 84 YEARS R/AT NO.1/5, 2ND CROSS ANEPALYA, BANGALORE - 560 030 …APPELLANTS (APPELLANTS NO.1,2,3,4,5 AND 6 ARE UNREPRESENTED) AND: 1. A KANTHA PRASAD (SINCE DECEASED) SRI. M. ASHOK S/O LATE T. MUNIYAPPA AGED ABOUT 42 YEARS - 3 - HC-KAR NC: 2025:KHC:47889 RFA No. 1075 of 2008 R/AT NO.2/1, KOLARDAPPA GARDENGAJENDRANAGAR (ANEPALYA) BANGALORE - 560 030 2. SRI NARAYANASWAMY S/O LATE THAYAPPA AGED ABOUT 53 YEARS R/AT NO.65, 4TH CROSS BAZAR STREET, NEELASANDRA BANGALORE - 560 047 3. SRI M VENKATASWAMY S/O LATE D MUNIYAPPA SINCE DECEASED SRI. J. SOMASHEKAHAR S/O LATE JYOTHAPPA AGED ABOUT 42 YEARS R/AT NO.9, 1ST CROSS, GUNDAPPA STREET NEELASANDRA, BANGALORE-560047 4. SRI P GAJENDRA S/O PILLANNA AGED ABOUT 44 YEAS 115, 7TH CROSS, GAJENDRANAGAR(ANEPALYA), BANGALORE - 560 030 5. SRI M VENKATESH S/O MUNIYAPPA AGED ABOUT 46 YEARS R/AT NO.3, KOLANDAPPA GARDEN - 4 - HC-KAR NC: 2025:KHC:47889 RFA No. 1075 of 2008 GAJENDRANAGAR MAIN ROAD BANGALORE-560030 6. SRI M A NARAYANA S/O LATE MOTAPPA AGED ABOUT 47 YEARS R/AT NO.24, MARIYAMMA KOIL STREET NEELASANDRA, BANGALORE - 560047 7. SRI K RAMACHANDRA S/O LATE KRISHNAPPA AGED ABOUT 64 YEARS R/AT NO.38/33, BAZAR STREET NEELASANDRA, BANGALORE-560047 8. SRI N MUNIKRISHNA S/O NARAYANAPPA AGED ABOUT 44 YEARS R/AT NO.1, MUNEGOWDA GARDEN NEELASANDRA BANGALORE-560047 9. SRI V SHIVAPRASAD S/O LATE K VENKATARAMANAPPA AGED ABOUT 60 YEARS R/AT NO.12, CENTRAL STREET NEELASANDRA BANGALORE-560047 …RESPONDENTS (BY SRI. S. SIDDAPPA AND SRI. H.K. DEVARAJ, ADVOCATES) - 5 - HC-KAR NC: 2025:KHC:47889 RFA No. 1075 of 2008 THIS RFA FILED U/S 96 OF CPC AGAINST THE JUDGEMENT AND DECREE DATED 30.06.2008 PASSED IN OS.NO.802/2000 ON THE FILE OF THE 2ND ADDL. CITY CIVIL JUDGE, BANGALORE,(CH.NO.17), DECREEING THE SUIT FOR REMOVAL OF TRUSTEES AND FOR RENDITION OF ACCOUNTS. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Court notice issued to the first appellant returned with an Endorsement "first appellant is no more" and second defendant with the Endorsement "left the address". Appellants No.3 to 6 are not available for service. Therefore, left with no alternative, appeal stands dismissed for non prosecution. Sd/- (V SRISHANANDA) JUDGE SNC CT-SG List No.: 2 Sl No.: 24