- 1 - HC-KAR NC: 2025:KHC:30329 RSA No. 694 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO. 694 OF 2016 (DEC) BETWEEN: 1. V.G. VENKATESH SHETTY S/O LATE SRI GOVINDA SHETTY AGED ABOUT 42 YEARS ATTENDER STATE BANK OF MYSORE R/O I CROSS LAKSHMEESHA NAGARA OPP:CHURCH CHIKAMAGALURU CITY-577101. 2. SMT. V.K. NAGARATHNA W/O V G VENAKTESH SHETTY AGED ABOUT 38 YEARS TEACHER R/O I CROSS LAKSHMEESHA NAGARA OPP:CHURCH CHIKAMAGALURU CITY-577101. …APPELLANTS (BY SRI. SIVAMANITHAN S., ADVOCATE) AND: 1. H.T. HYDER ALI KHAN S/O NASARETH KHAN Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30329 RSA No. 694 of 2016 R/O BANAVARA AGRAHARA BANAVARA HOBLI ARASIKERE TALUK-577135. 2. SMT. SHANTHA W/O LATE PANDURANGA @ PANDURANGA RAO R/O YASHODA KRUPA NEAR DEEPA NURSING HOME LAKSHMISHNAGARA CHIKAMAGALUR TOWN-577101. 3. M P CHANDAN S/O LATE PANDURANGA @ PANDURANGA RAO AGED 24 YEARS R/O YASHODA KRUPA NEAR DEEPA NURSING HOME LAKSHMISHNAGARA CHIKAMAGALUR TOWN-577101. 4. M P CHANDINI D/O LATE PANDURANGA @ PANDURANGA RAO AGED 22 YEARS R/O YASHODA KRUPA NEAR DEEPA NURSING HOME LAKSHMISHNAGARA CHIKAMAGALUR TOWN-577101. 5. SMT. VIDYA W/O KISHORE OWNER OF DEEPA MEDICALS M G ROAD SHIRA TOWN TUMKUR DISTRICT-577205. - 3 - HC-KAR NC: 2025:KHC:30329 RSA No. 694 of 2016 …RESPONDENTS (BY R-1 SERVED AND UNREPRESENTED; V/O DATED 13.12.2019 NOTICE TO R2 TO R5 IS DISPENSED WITH) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE, AGAINST THE JUDGMENT AND DECREE DATED 02.02.2016 PASSED IN REGULAR APPEAL NO.21/2015 ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE CHIKKAMAGALURU ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 16.01.2015 PASSED IN ORIGINAL SUIT NO.303/2009 ON THE FILE OF THE II ADDL. CIVIL JUDGE AND JMFC, CHIKMAGALUR. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL JUDGMENT Learned counsel for appellants is not present. When the matter was called in both, morning and afternoon sessions today, there was no representation on behalf of the appellants. A perusal of the order sheet reveals that even on the previous date of hearing, there was no appearance on their behalf. This clearly indicates that the - 4 - HC-KAR NC: 2025:KHC:30329 RSA No. 694 of 2016 appellants are not interested in pursuing the appeal. Accordingly, the Regular Second Appeal is dismissed for non- prosecution. SD/- (E.S.INDIRESH) JUDGE SB:List No.: 1 Sl No.: 26