- 1 - HC-KAR NC: 2025:KHC:54481 RSA No. 1749 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO REGULAR SECOND APPEAL NO. 1749 OF 2018 BETWEEN: SMT. MALLAMMA W/O. NAGARAJAIAH, AGED ABOUT 65 YEARS REP. BY GPA HOLDER, SMT. ANASUYA W/O. RAJANNA, AGED ABOUT 44 YEARS R/O. GUNDINAPALYA VILLAGE, KASABA HOBLI, KORATAGERE TALUK, TUMAKURU DISTRICT-572 129. …APPELLANT (BY SRI. V.B. SIDDARAMAIAH, ADVOCATE) AND: 1. SMT. NARASAMMA W/O. LATE HANUMANTHARAYAPPA, AGED ABOUT 75 YEARS 2. SMT. RAMAKKA W/O. NARASIMHAMURTHY, AGED ABOUT 48 YEARS BOTH ARE R/O. GUNDINAPALYA VILLAGE, KASABA HOBLI, KORATAGERE TALUK, TUMAKURU DISTRICT-572 129. …RESPONDENTS (BY SRI. KAMARAJU, ADVOCATE FOR R1 AND R2) Digitally signed by VIJAYALAKSHMI B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54481 RSA No. 1749 of 2018 THIS RSA IS FILED UNDER ORDER XLII RULE 1 READ WITH SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 11.6.2018 PASSED IN RA NO.5/2009 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND JMFC, MADHUGIRI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 24.11.2008 PASSED IN OS NO.157/2007 ON THE FILE OF THE CIVIL JUDGE (JR.DN) AND JMFC, KORATAGERE AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO ORAL JUDGMENT Sri.V B Siddaramaiah, learned counsel for the appellant present and none appears for the respondents. 2. Sri.V B Siddaramaiah, learned counsel for the appellant has filed a memo for retirement stating that the appellant has taken back the office file with NOC on 22.09.2024 and when the case was listed on 25.10.2024, there was no representation on behalf of the appellant and the case status shows that no one has filed Vakalath for the appellant. - 3 - HC-KAR NC: 2025:KHC:54481 RSA No. 1749 of 2018 3. Thereafter, learned counsel for the appellant has sent notice to the appellant on 03.10.2025 and the learned counsel appearing for the appellant has also sent message to Vikas, who is the grandson of Smt.Mallamma - the appellant. 4. The appellant has received NOC from the counsel and till date the appellant has not taken any steps for bringing the counsel on record. 5. In view of the same, memo for retirement filed by Sri.V B Siddaramaiah, learned counsel appearing for the appellant is accepted and it appears that the appellant is not interested to prosecute the matter. Hence, this appeal is dismissed for non-prosecution. Sd/- (DR.K.MANMADHA RAO) JUDGE GSR,List No.: 1 Sl No.: 15