- 1 - NC: 2025:KHC-D:6682 RSA No. 5463 of 2011 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF APRIL 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO. 5463 OF 2011 (PAR-) BETWEEN: P. BANGARASWAMY S/O. LATE. PAPASWAMY, AGE: 67 YEARS, RAJIV NAGAR, NEAR SAI BABA TEMPLE, AMARAVATHI, HOSPET TALUK, BELLARY DISTRICT-583201. …APPELLANT (P. BANGARASWAMY, APPELLANT) AND: 1. P. RAJESHWARI W/O. LATE. SUNDARAJU V., AGE: 54 YEARS, NISANI CAMP, TB DAM, HOSPET TALUK, BELLARY DISTRICT-583201. 2. P. GURUSWAMY S/O. LATE. PAPASWAMY, AGE: 73 YEARS, BANGALORE ROAD, KADUR, CHIKMAGALUR DISTRICT-577548. 3. P. AMBESHWARI @ PAPAMMA AGE: 57 YEARS, ARASANGADU POST, GOPICHATTI PALYAM TALUK, COIMBATORE DISTRICT, TAMIL NADU-641 001. 4. K. SOMASHEKHAR S/O. SUBRAMANYAM, AGE: 43 YEARS, DWRAKAMAYEE PLOT NO. A/9, WARD NO.31, VIVEKANANDA NAGAR (TSP COLONY), HOSPET, BELLARY DISTRICT-583201. SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:6682 RSA No. 5463 of 2011 5. K. CHANDRASHEKHAR S/O. SUBRAMANYAM, AGE: 41 YEARS, WARD-15 (NEW WARD-19), RAJEEV NAGAR, HOSPET, BELLARY DISTRICT-583201. 6. BALAJI S/O. P. BANGARASWAMY, AGE: 40 YEARS, AMARAVATHI, HOSPET TALUK, BELLARY DISTRICT-583201. 7. B. RAMESH BABU S/O. P. BANGARASWAMY, AGE: 35 YEARS, AMARAVATHI, HOSPET TALUK, BELLARY DISTRICT-583201. 8. PARASAMMA W/O. P. BANGARASWAMY, AGE: 62 YEARS, RAJEEV NAGAR, HOSPET TALUK, BELLARY DISTRICT-583201. …RESPONDENTS (BY SRI. K. RAGHAVENDRA RAO, ADVOCATE FOR C/R1; SRI. RAVI HEGDE, ADVOCATE FOR R3; SRI. M. GURURAJ, ADVOCATE FOR R4 & R5; SMT. VEENA HEDGE, ADVOCATE FOR R6-R8; R2-HELD SUFFICIENT) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC PRAYING TO ALLOW THIS APPEAL AND SET ASIDE THE JUDGMENT & DECREE DATED 23.03.2011 PASSED BY THE FAST TRACK COURT-III AT HOSPET IN R.A.NO.39/2009 CONFIRMING THE JUDGMENT AND DECREE DATED 01.01.2009 PASSED BY THE COURT OF THE ADDITIONAL CIVIL JUDGE (SR.DN.) AT HOSPET IN O.S.NO.66/2005 WITH COSTS THROUGHOUT, IN THE INTEREST OF JUSTICE. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:6682 RSA No. 5463 of 2011 CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL JUDGMENT Report of the Principal District and Sessions Judge, Ballari is accepted. The appellant herein has been served personally. No representation on behalf of the appellant, hence, the appeal stands dismissed for non-prosecution. Sd/- (E.S.INDIRESH) JUDGE YAN CT-MCK List No.: 1 Sl No.: 2