- 1 - HC-KAR NC: 2025:KHC:48410 RSA No. 1326 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.1326 OF 2021 (PAR) BETWEEN: 1. SMT. SUNITHA D/O MUNISHAMAPPA AGED ABOUT 41 YEARS R/AT CHOWDADENAHALLI VILLAGE KOLAR TALUK-563 133. 2. SMT. BHAGYALAKSHMI D/O MUNISHAMAPPA W/O MUNIRAJU AGED ABOUT 35 YEARS R/AT GOPASANDRA VILLAGE MALUR TALUK-563 130. 3. SMT. SARASWATHI D/O MUNISHAMAPPA W/O LOKESHA AGED ABOUT 34 YEARS R/AT DODDASANDRA VILLAGE NARASAPURA HOBLI KOLAR TALUK-563 133. &APPELLANTS (BY SRI. SHIVAKUMAR V., ADVOCATE 3 (ABSENT)) AND: 1. SRI. MUNISHAMAPPA @ DODDAPPAIAH S/O LATE KRISHNAPPA AGED ABOUT 72 YEARS Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48410 RSA No. 1326 of 2021 2. SMT. MANJULA D/O MUNISHAMAPPA AGED ABOUT 52 YEARS. 3. SMT. RUKMINI D/O MUNISHAMAPPA AGED ABOUT 50 YEARS 4. SMT. NAGARATHNA D/O MUNISHAMAPPA AGED ABOUT 44 YEARS 5. SRI BALASUBRAMANI S/O MUNISHAMAPPA AGED ABOUT 46 YEARS RESPONDENTS NO.1 TO 5 ARE R/AT UDDAPPANAHALLI VILLAGE NARASAPURA HOBLI KOLAR DISTRICT-563 133. 6. SMT. VIJAYALAKSHMI D/O MUNISHAMAPPA W/O SRINIVASA AGED ABOUT 38 YEARS R/AT MADERAHALLI VILLAGE KOLAR DISTRICT-563 102. &RESPONDENTS THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 20.03.2020 PASSED IN R.A.NO.62/2017 ON THE FILE OF THE II ADDITIONAL SESSIONS JUDGE, KOLAR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 25.03.2017 PASSED IN O.S.NO.17/2013 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AT KOLAR. - 3 - HC-KAR NC: 2025:KHC:48410 RSA No. 1326 of 2021 THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT Learned counsel for the appellants is absent and on the previous occasion also, the counsel was absent. This Court having noticed that inspite of matter was called twice in the morning and also in the afternoon, no representation, in the ends of justice, granted one more opportunity to learned counsel for the appellants. It was also made clear that, if learned counsel for the appellants does not appear on the next date of hearing, the appeal will be dismissed. Inspite of it, learned counsel for the appellants is not pursuing the matter diligently. The records also disclose that suit was dismissed as not maintainable and premature and there is a concurrent finding and the First Appellate Court also confirmed the judgment and decree of the Trial Court. - 4 - HC-KAR NC: 2025:KHC:48410 RSA No. 1326 of 2021 Hence, the appeal is dismissed for non-prosecution as ordered earlier. Sd/- (H.P.SANDESH) JUDGE ST List No.: 1 Sl No.: 34