- 1 - HC-KAR NC: 2025:KHC:42561 RSA No. 311 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.311 OF 2023 (INJ) BETWEEN: 1. 1(a) DEVEGOWDA S/O. LATE BOREGOWDA SINCE DEAD BY HIS LRS. SMT. PUTTAMANI W/O. DEVEGOWDA AGED ABOUT 59 YEARS R/O. TARIKATTE VILLAGE HIRIYUR POST BHADRAVATHI TALUK. SHIVAMOGGA DISTRICT-577 301. 1(b) SMT. JAYASHREE D/O. DEVEGOWDA AGED ABOUT 45 YARS R/O. TARIKATTE VILLAGE HIRIYUR POST BHADRAVATHI TALUK SHIVAMOGGA DISTRICT-577 301. 1(c) SRI. VENKATESHGOWDA S/O. DEVEGOWDA AGED ABOUT 42 YEARS R/O. TARIKATTE VILLAGE HIRIYUR POST BHADRAVATHI TALUK SHIVAMOGGA DISTRICT-577 301. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42561 RSA No. 311 of 2023 1(d) SMT. SHARAVATHI D/O. DEVEGOWDA AGED ABOUT 40 YEARS R/O. TARIKATTE VILLAGE HIRIYUR POST BHADRAVATHI TALUK SHIVAMOGGA DISTRICT-577 301. 2. SRI. KESHAVAMURTHY AGED ABOUT 43 YEARS AGRICULTURIST R/O. TARIKATTE VILLAGE HIRIYUR POST BHADRAVATHI TALUK SHIVAMOGGA DISTRICT-577 301. …APPELLANTS (BY SRI. SUNIL KUMAR B.N., ADVOCATE - ABSENT) AND: 1. (a) SMT. DEVIRAMMA SINCE DEAD BY HIS LRS., SMT. GOWRAMMA D/O. LATE DURGAPPA W/O. LATE RUDRAPPA AGED ABOUT 48 YEARS R/O. HIRIYUR VILLAGE AND POST BHADRAVATHI TALUK SHIVAMOGGA DISTRICT-577 301. 1(b) SMT. HANUMANTHAMMA D/O. LAT DURGAPPA W/O. DODDAIAH AGED ABOUT 44 YEARS R/O. KARUCHCHI VILLAGE TARIKERE TALUK CHIKKAMAGALURU DISTRICT-577 228. - 3 - HC-KAR NC: 2025:KHC:42561 RSA No. 311 of 2023 1(c) SMT. SAVITHRAMMA D/O. LATE DURGAPPA W/O. LATE GANGADHARA AGED ABOUT 42 YEARS R/O. HIRIYUR VILLAGE AND POST BHADRAVATHI TALUK SHIVAMOGGA DISTRICT-577 301. 1(d) SRI. HANUMANTHA S/O. LATE DURGAPPA AGED ABOUT 41 YEARS R/O. HIRIYUR VILLAGE AND POST BHADRAVATHI TALUK SHIVAMOGGA DISTRICT-577 301. …RESPONDENTS THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 10.10.2022 PASSED IN R.A.NO.5041/2021 ON THE FILE OF THE IV ADDITIONAL DISTRICT ANS SESSIONS JUDGE, SHIVAMOGGA, SITTING AT BHADRAVATHI. DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 06.09.2018 PASSED IN O.S.NO.393/2014 ON THE FILE OF THE III ADDITIONAL CIVIL JUDGE AND JMFC, BHADRAVATHI. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:42561 RSA No. 311 of 2023 CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT This matter was called on 10.10.2025 and learned counsel for the appellant was absent. Today also, matter was called twice in the morning and also in the afternoon, even in the afternoon also, no representation on behalf of the appellants. 2. The Trial Court granted the relief of permanent injunction and the same is challenged before the First Appellate Court. The First Appellate Court also confirmed the same and this appeal is filed against the concurrent finding. 3. Learned counsel for the appellants is not pursuing the matter diligently. Hence, the appeal is dismissed for non- prosecution. Sd/- (H.P.SANDESH) JUDGE ST List No.: 1 Sl No.: 30