- 1 - HC-KAR NC: 2025:KHC:44159 RSA No. 3073 of 2007 C/W RSA No. 3088 of 2007 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN REGULAR SECOND APPEAL NO. 3073 OF 2007 (INJ) C/W REGULAR SECOND APPEAL NO. 3088 OF 2007(INJ) IN RSA No. 3073/2007 BETWEEN: 1. SMT PAPAMMA W/O SANNA THIPPANNA AGED ABOUT 44 YEARS 2. SRI.K T THIPPANNA S/O K.T.THIPPAJJA AGED ABOUT 48 YEARS BOTH ARE RESIDENTS OF KURUDIHALLI, BALENAHALLI POST CHALLAKERE TALUK CHITRADURGA DIST. …APPELLANTS (BY SRI. B M SIDDAPPA., ADVOCATE, ABSENT;) AND: SRI.NARASIMHAIAH DIED BY HIS LRS DIED ON 01/06/2012 1(1) SMT.SHARADAMMA W/O LATE NARASIMHAIAH Digitally signed by CHAITHANYA K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44159 RSA No. 3073 of 2007 C/W RSA No. 3088 of 2007 AGED ABOUT 55 YEARS, R/O KURUDIHALLI, BALENAHALLI POST, CHALLAKERE TALUK, CHITRADURGA DIST. 1(2) JAYAMMA W/O RAMESH AGED ABOUT 36 YEARS, R/O BIDARAKERE, JAGALURU TALUK, DAVANAGERE DIST. 1(3) BASAVARAJA S/O LATE NARASIMHAIAH, R/O KURUDIHALLI BALENAHALLI POST, CHALLAKRE TALUK CHITRADURGA DIST. 1(4) NETRAVATHI W/O PANDURANGA AGED ABOUT 30 YEARS, KOLUMGERE, PAVAGADA TALUK TUMAKURU DISTRICT. 1(5) RAJAMMA W/O PANDURANGA R/O KOLUMGERE VILLAGE, PAVAGADA TALUK, TUMAKUR DISTRICT. 1(6) VEENAMMA S/O LATE NARASIMHAIAH, AGED ABOUT 24 YEARS, R/O KURUDIHALLI, BALENAHALLI POST, CHALLAKERE TALUK, CHITRADURGA DISTRICT. 1(7) VIJAY S/O LATE. NARASIMHAIAH - 3 - HC-KAR NC: 2025:KHC:44159 RSA No. 3073 of 2007 C/W RSA No. 3088 of 2007 AGED ABOUT 22 YEARS, R/O KURUDIHALLI, BALENAHALLI POST, CHALLAKERE TALUK CHITRADURGA DISTRICT. 1(8) MANJAMMA D/O LATE NARASIMHAIAH AGED ABOUT 20 YEARS, R/O KURUDIHALLI, BALENAHALLI POST, CHALLAKERE TALUK, CHITRADURGA DISTRICT. 1(9) SINDHU D/O LATE NARASIMHAIAH AGED ABOUT 18 YEARS, R/O KURUDIHALLI, BALENAHALLI POST, CHALLAKERE TALUK, CHITRADURGA DISTRICT. 1(10) AJAY S/O LATE NARASIMHAIAH, AGED MAJOR R/O KURUDIHALLI, BALENAHALLI POST, CHALLAKERE TALUK CHITRADURGA DISTRICT …RESPONDENTS (BY SRI. G R JAYANNA., ADVOCATE FOR RESPONDENTS R1(1), (3), (9) ARE SERVED R1(4) AND R1(5)- NOTICE H/S R1(6), R1(7) AND R1(8)- NOTICE H/S R1(2)- NOTICE D/W) THIS RSA IS FILED U/S 100 OF CPC AGAINST THE JUDGEMENT AND DECREE DATED 30.11.2007 PASSED IN RA.NO.23/2004 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) CHALLKERE, ALLOWING THE APPEAL AND SETTING ASIDE THE - 4 - HC-KAR NC: 2025:KHC:44159 RSA No. 3073 of 2007 C/W RSA No. 3088 of 2007 JUDGEMENT AND DECREE DATED 24.02.2004 PASSED IN OS.NO.84/2000 ON THE FILE OF THE ADDL.CIVIL JUDGE (JR.DN.) CHALLAKERE. IN RSA NO. 3088/2007 BETWEEN: SRI K T THIPPANNA S/O K T THIPPAJJA AGED ABOUT 48 YEARS RESIDENTS OF KURUDIHALLI, BELENAHALLI POST, CHALLAKERE TALUK, CHITRADURGA DIST. ...APPELLANT (BY SRI. B M SIDDAPPA., ADVOCATE, ABSENT) AND: SRI NARASIMHAIAH DIED BY HIS LRS DIED ON 01/06/2012 1(1) SMT. SHARADAMMA W/O LATE NARASIMHAIAH AGED ABOUT 55 YEARS, R/O KURUDIHALLI, BALENAHALLI POST, CHALLAKERE TALUK, CHITRADURGA DIST. 1(2) JAYAMMA W/O RAMESH AGED ABOUT 36 YEARS, R/O BIDARAKERE, JAGALURU TALUK, DAVANAGERE DIST. 1(3) BASAVARAJA S/O LATE NARASIMHAIAH, - 5 - HC-KAR NC: 2025:KHC:44159 RSA No. 3073 of 2007 C/W RSA No. 3088 of 2007 R/O KURUDIHALLI BALENAHALLI POST, CHALLAKRE TALUK CHITRADURGA DIST. 1(4) NETRAVATHI W/O PANDURANGA AGED ABOUT 30 YEARS, KOLUMGERE, PAVAGADA TALUK TUMAKURU DISTRICT. 1(5) RAJAMMA W/O PANDURANGA R/O KOLUMGERE VILLAGE, PAVAGADA TALUK, TUMAKUR DISTRICT. 1(6) VEENAMMA C/O LATE NARASIMHAIAH, AGED ABOUT 24 YEARS, R/O KURUDIHALLI, BALENAHALLI POST, CHALLAKERE TALUK, CHITRADURGA DISTRICT. 1(7) VIJAY S/O LATE. NARASIMHAIAH AGED ABOUT 22 YEARS, R/O KURUDIHALLI, BALENAHALLI POST, CHALLAKERE TALUK, CHITRADURGA DISTRICT. 1(8) MANJAMMA D/O LATE NARASIMHAIAH AGED ABOUT 20 YEARS, R/O KURUDIHALLI, BALENAHALLI POST, CHALLAKERE TALUK, CHITRADURGA DISTRICT. - 6 - HC-KAR NC: 2025:KHC:44159 RSA No. 3073 of 2007 C/W RSA No. 3088 of 2007 1(9) SINDHU D/O LATE NARASIMHAIAH AGED ABOUT 18 YEARS, R/O KURUDIHALLI, BALENAHALLI POST, CHALLAKERE TALUK, CHITRADURGA DISTRICT. 1(10) AJAY S/O LATE NARASIMHAIAH, AGED MAJOR R/O KURUDIHALLI, BALENAHALLI POST, CHALLAKERE TALUK CHITRADURGA DISTRICT ...RESPONDENTS (BY SRI. G R JAYANNA., ADVOCATE FOR RESPONDENTS V/O DTD 15.04.15 NOTICE TO R1(3)- H/S R1(1), R1(6), R1(7), R1(8), R1(9) SERVED, V/O DTD 23/6/16, NOTICE TO R1(2,4,5) IS H/S V/O DTD 26/3/19, NOTICE TO R1(10) H/S V/O DTD 20/3/2020, NOTICE TO R1(6) H/S) THIS RSA IS FILED U/S 100 OF CPC AGAINST THE JUDGEMENT AND DECREE DATED 30.11.2007 PASSED IN RA.NO.44/2004 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) CHALLAKERE, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DATED 23.07.2004 PASSED IN OS.NO.48/2002 ON THE FILE OF THE ADDL.CIVIL JUDGE (JR.DN.) CHALLAKERE. THESE APPEALS, COMING ON FOR HEARING THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 7 - HC-KAR NC: 2025:KHC:44159 RSA No. 3073 of 2007 C/W RSA No. 3088 of 2007 ORAL JUDGMENT Learned counsel for the appellants is absent. The appeal is of the year 2007. It appears that the appellants are not interesting in prosecuting the appeal. The appeal is accordingly dismissed for non-prosecution. Sd/- (M.I.ARUN) JUDGE CH List No.: 2 Sl No.: 5