- 1 - HC-KAR NC: 2025:KHC:30082 RSA No. 1454 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1454 OF 2021 (PAR-) BETWEEN: 1. SRI. HALKATAPPA S/O LATE POOJARI GIDDAPPA, AGED ABOUT 56 YEARS, 2. SRI. MALLESHAPPA S/O LATE POOJARI GIDDAPPA, AGED ABOUT 54 YEARS, BOTH ARE R/O DODDAPETE, MYLARALINGASWAMY TEMPAL ROAD, KADUR TOWN AND TALUK, CHIKKAMAGALURU DISTRICT – 577 548. …APPELLANTS (BY SRI. K.R. LINGARAJU, ADVOCATE) AND: 1. SMT. GANGAMMA W/O MANJAPPA, AGED ABOUT 59 YEARS, Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30082 RSA No. 1454 of 2021 2. SMT. SHANTHAMMA D/O LATE POOJARI GIDDAPPA, AGED ABOUT 52 YEARS, 3. SRI. S.H. MANJAPPA S/O HANUMANTHAPPA, AGED ABOUT 62 YEARS, ALL ARE R/O V. SIDDARAHALLI, BILUVALA POST, KASABA HOBLI, KADUR TALUK, CHIKKAMAGALURU DISTRICT – 577 548. …RESPONDENTS (R1 – GANGAMMA, SERVED; R2 – SHANTHAMMA, SERVED) THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 08.10.2020 PASSED IN RA.NO.35/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE, KADUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 01.09.2017 PASSED IN OS.NO.354/2011 ON THE FILE OF THE IIND ADDITIONAL CIVIL JUDGE AND JMFC, KADUR. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 3 - HC-KAR NC: 2025:KHC:30082 RSA No. 1454 of 2021 ORAL JUDGMENT Sri. K.R. Lingaraju, learned counsel would submit that despite best efforts, the appellants are not cooperating to take appropriate steps in the respect of deceased respondent No.3. Suit is one for partition and unless the legal representatives of the deceased respondent No.3 has brought on record, appeal would not be maintainable. Accordingly, entire appeal is dismissed as abated. Sd/- (V SRISHANANDA) JUDGE KA List No.: 1 Sl No.: 11 CT: BHK