- 1 - HC-KAR NC: 2025:KHC:37076-DB RFA No. 549 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 549 OF 2023 (PAR/INJ) BETWEEN: 1. SMT. LAKSHMAMMA D/O LATE DOLLAIAH, AGED ABOUT 85 YEARS, KAGGALIPURA VILLAGE, KANAKAPURA MAIN ROAD, BANGALORE SOUTH-571120. 2. VENKATALAKSHMI D/O LATE VENKATESH, AGED ABOUT 37 YEARS, KALLAHALLY VILLAGE, KANAKAPURA TALUK, RAMANAGARA DISTRICT-562117. 3. SMT. GIRIYAMMA D/O LATE THIMMAIAH, AGED ABOUT YEARS, KAGGALIPURA VILLAGE, UTTRAHALLYHOBALI, KANAKAPURA MAIN ROAD, BANGALORE SOUTH TALUK, BANGALORE-571120. …APPELLANTS (BY SRI. MUDDURAJA N., ADVOCATE) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37076-DB RFA No. 549 of 2023 AND: 1. THIMMAKKA AGED ABOUT 60 YEARS. 2. NEELAMMA D/O LATE SHANKARAPPA, AGED ABOUT 39 YEARS. 3. RAMESHA S/O LATE SHANKARAPPA, AGED ABOUT 36 YEARS, SINDYA NAGARA, HOROHALLY VILLAGE HOBALI, KANAKAPURA TALUK, RAMANAGARA DISTRICT-571120. 4. JAYAMMA W/O LATE RAJANNA, AGED ABOUT 62 YEARS, KAGGALIPURA VILLAGE, UTTARAHALLY VILLAGE, BANGALORE SOUTH TALUK-571120. 5. RAMANNA S/O LATE VENKATAGIRIYAPPA, AGED ABOUT 53 YEARS, NO.22, CHIGDIDODDI, HOROHALLY HOBALI, DODDAMARALAVADI MAIN ROAD, KANAKAPURA TALUK, RAMANAGARA DISTRICT-562112. 6. THIMMAIAH @ THIMMARAJU S/O LATE VENKATAGIRIYAPPA, AGED ABOUT 51 YEARS, NO.3, THIMMASANDRA ONI, JAYATIRUVU, DENKANIKOTE, KRISHNAGIRI TALUK AND DISTRICT, TAMILNADU-635107. - 3 - HC-KAR NC: 2025:KHC:37076-DB RFA No. 549 of 2023 7. VENKATESH S/O LATE VENKATAGIRIYAPPA, NO.3, THIMMASANDRA ONI, JAYATIRUVU, DENKANIKOTE, KRISHNAGIRI TALUK AND DISTRICT, TAMILNADU-635107. 8. RAMANNA S/O THIMMAIAH, AGED ABOUT 62 YEARS, NO.12O/1, NETAJI ROAD, DENKANIKOTE, KRISHNAGIRI TALUK AND DISTRICT, TAMILNADU-635107. 9. SMT. MANCHAMMA W/O LATE GIRIYAPPA, AGED ABOUT 63 YEARS, NO.7, THIMMASANDRA ONI, JAYATIRUVU, DENKANIKOTE, KRISHNAGIRI TALUK AND DISTRICT. TAMILNADU STATE-635107. 10. SMT. CHOWDAMMA W/O LATE VENKATARAMANAPPA, AGED ABOUT 57 YEARS, KAGGALIPURA VILLAGE, UTTARAHALLY HOBALI, BANGALORE SOUTH TALUK,. BANGALORE-571120. 11. SMT. THIRUMALAMMA D/O LATE VENKATAGIRIYAPPA, AGED ABOUT 69 YEARS, NO.7, THIMMASANDRA ONI, JAYATIRUVU, DENKANIKOTE, KRISHNAGIRI TALUK AND DISTRICT, TAMILNADU-635107. 12. MR. MATHRUVICHAR S/O LATE M R SONNAPPA, - 4 - HC-KAR NC: 2025:KHC:37076-DB RFA No. 549 of 2023 AGED ABOUT 93 YEARS, NO.1/6, 4TH A MAIN, OBALAPPA GARDEN, TATA SILK FARM, BANGALORE-560022. 13. J M GURUDATH S/O LATE NARAYANAIAH, AGED ABOUT 55 YEARS, NO.10, SANNIDI ROAD, BASAVANAGUDI, BANGALORE-560004. 14. ERAMMA W/O LATE HANUMANTHAPPA, AND D/O HANUMAKKA, AGED ABOUT 71 YEARS, THIMMASANDRAONI, JAYATIRUVU, DENKANIKOTE, KRISHNAGIRI TALUK, TAMILNADU STATE-635107. 15. MR CHIKKAMUNIYAPPA S/O LATE RUDRAPPA AND LATE HANUMAKKA, AGEd ABOUT 70 YEARS, 16. GUNDAPPA S/O LATE RUDRAPPA AND HANUMAKKA, AGED ABOUT 68 YEARS. 17. MR PAPANNA S/O LATE RUDRAPPA, AND LATE HANUMAKKA, AGED ABOUT 66 YEARS, 18. DODDARATHNAMMA W/O SRINIVASA AND D/O LATE HANUMAKKA, AGED ABOUT 62 YEARS, - 5 - HC-KAR NC: 2025:KHC:37076-DB RFA No. 549 of 2023 RESPONDENT NOS. 14 TO 18 ARE LEGAL HEIRS OF PLAINTIFF NO.2, HANUMAKKA, AND ALL ARE R/O KAGGALIPURA VILLAGE, UTTARAHALLY HOBLI, BANGALORE SOUTH TALUK,. RAMANAGARA DISTRICT-571120. …RESPONDENTS THIS RFA IS FILED UNDER ORDER 41 RULE 1 R/W SEC.96 OF CPC AGAINST THE ORDER DATED 21.06.2016 PASSED ON IA NO.II IN OS No.834/2011 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, BANGALORE RURAL DISTRICT, BANGALORE, ALLOWING THE IA NO.II FILED UNDER ORDER VII RULE 11(a) AND (d) OF CPC FOR REJECTION OF PLAINT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE RAJESH RAI K) We have heard the learned counsel for the appellants. 2. Till today, office objections are not complied with. Therefore, in view of the peremptory order dated 05.09.2024 passed by this Court, no further order is required. - 6 - HC-KAR NC: 2025:KHC:37076-DB RFA No. 549 of 2023 3. Accordingly, the appeal stands dismissed for non-prosecution. SD/- (ANU SIVARAMAN) JUDGE SD/- (RAJESH RAI K) JUDGE HKV List No.: 4 Sl No.: 13