- 1 - HC-KAR NC: 2025:KHC:30266 RSA No. 1167 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR SECOND APPEAL NO. 1167 OF 2013 (PAR) BETWEEN: 1. SRI. LAKSHMANA SINCE DEAD BY HIS LEGAL REPRESENTATIVES 1(A) SAROJAMMA W/O LATE LAKSHMANA AGED ABOUT 62 YEARS GORIKOPPALU VILLAGE GONDARAHALLI POST BINDIGANA VILE HOBLI NAGAMANGALA TALUK MANDYA DISTRICT. 1(B) SHASHIKALA L W/O GANGADHAR D/O LATE LAKSHMANA AGED ABOUT 35 YEARS R/AT No.103, ODKEGATTA VILLAGE TURUVEKERE TALUK TURUVEKERE HOBLI TUMAKURU DISTRICT. 1(C) PUNEET L S/O LATE LAKSHMANA AGED ABOUT 29 YEARS GORIKOPPALU VILLAGE GONDARAHALLI POST Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30266 RSA No. 1167 of 2013 BINDIGANA VILE HOBLI NAGAMANGALA TALUK MANDYA DISTRICT. 1(D) PRASHANTH KUMAR S/O LATE LAKSHMANA AGED ABOUT 28 YEARS GORIKOPPALU VILLAGE GONDARAHALLI POST BINDIGANA VILE HOBLI NAGAMANGALA TALUK MANDYA DISTRICT. 1(E) AJAY L S/O LATE LAKSHMANA AGED ABOUT 24 YEARS GORIKOPPALU VILLAGE GONDARAHALLI POST BINDIGANA VILE HOBLI NAGAMANGALA TALUK MANDYA DISTRICT. 1(F) PUSHPA W/O SATHISH AGED ABOUT 32 YEARS S/O LATE LAKSHMANA ALISARAKOPPALU BINDIGANA VILE HOBLI NAGAMANGALA TALUK MANDYA DISTRICT. …APPELLANTS (BY SRI. K V NARASIMHAN., ADVOCATE) AND: 1. SRI. T. RAMU S/O LATE THIMMAIAH AGED ABOUT 70 YEARS R/O HSWMC 37U2A, UPSTAIRS BUILDING GOLDEN JUBILEE COLONY, HUTTA COLONY - 3 - HC-KAR NC: 2025:KHC:30266 RSA No. 1167 of 2013 BHADRAVATHI TALUK SHIMOGA DISTRICT. 2. SMT. PARVATAMMA W/O KRISHNAPPA AGED 57 YEARS WORKING IN BSNL 4TH GRADE EMPLOYEE, BEHIND LIDO TALKIES HOSUR, MG ROAD, BANGALORE – 560 001 3. SMT. LAKSHMAMMA W/O YELAVE GOWDA AGED ABOUT 38 YEARS R/O HARONAHALLI VILLAGE TARIKERE TALUK CHIKKAMAGALUR DISTRICT – 576 201 4. SMT. JAYAMMA AGED 50 YEARS W/O D.R. RANGAIAH R/O DODDAGOWDANAKOPPALU MUDLAMELLAHALLI POST NAGAMANGALA TALUK MANDYA DISTRICT – 577 401 5. THIMMAPPA GOWDA SINCE DEAD BY HIS LEGAL REPRESENTATIVES 5(A) SMT. PUTTAMMA W/O LATE THIMMAPPA GOWDA AGED 53 YEARS 5(B) SRI. T MANJU S/O LATE THIMMAPPA GOWDA AGED 22 YEARS BOTH RESPONDENT No.5(A) AND 5(B) ARE R/AT MEGARAVALLI THEERTHAHALLI TALUK SHIMOGA DISTRICT – 576 211 - 4 - HC-KAR NC: 2025:KHC:30266 RSA No. 1167 of 2013 5(C) SMT. KAMALA W/O LATE THIMMAPPA GOWDA AGED 42 YEARS R/O SANNAPPA AMRUTHI NYAMANAHALLI POST MELKOTE HOBLI C/O SWAMY, S/O SANNAPPA PANDAVAPURA TALUK MANDYA DISTRICT – 576 302 …RESPONDENTS (V/O DATED 07.06.2016 NOTICE TO R2 & R4 ARE H/S R5(C) SERVED V/O DATED 13.03.2019 APPEAL AGAINST R1 ABATED) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 10.4.2013 PASSED IN R.A.NO.93/2011 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT, BHADRAVATHI, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 17.3.2011 PASSED IN O.S.NO.47/1999 ON THE FILE OF THE CIVIL JUDGE (SR.DN) & JMFC., BHADRAVATHI. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL JUDGMENT The appeal is of the year 2013. No steps are taken to serve notice on respondents No.3, 5(a) and 5(b). The matter is listed today for the third time. - 5 - HC-KAR NC: 2025:KHC:30266 RSA No. 1167 of 2013 2. Learned counsel for the appellant submits that, he has no instructions from the appellant. 3. The appeal is dismissed for non-prosecution. Sd/- (ANANT RAMANATH HEGDE) JUDGE PA List No.: 1 Sl No.: 5