- 1 - HC-KAR NC: 2025:KHC:35142 RSA No. 362 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 362 OF 2022 (PAR/POS) BETWEEN: 1. SRI THIMMAKKA D/O MUDLAPPA AGED ABOUT 60 YEARS AGRICULTURIST, RESIDENTS OF GORAVINAKALLU VILLAGE KASABA HOBLI HOSADURGA TALUK CHITRADURGA DISTRICT - 577 527 2. PARVATHAMMA D/O MUDLAPPA AGED ABOUT 47 YEARS AGRICULTURIST, RESIDENTS OF GORAVINAKALLU VILLAGE KASABA HOBLI HOSADURGA TALUK CHITRADURGA DISTRICT - 577 527 LAXMANAPPA S/O GIDDADASAPPA DEAD BY LRS 3. CHIKKAMMA W/O LAXMANAPPA AGED ABOUT 62 YEARS HOUSE HOLD WORK, GORAVINAKALLU VILLAGE KASABA HOBLI, HOSADURGA TALUK CHITRADURGA DISTRICT - 577 527 Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35142 RSA No. 362 of 2022 4. MANJULA D/O LAXMANAPPA AGED ABOUT 33 YEARS BUSINESS BELAGUR VILLAGE SRIRAMPURA HOBLI HOSDURGA TALUK CHITRADURGA DISTRICT - 577 527 5. NAGARAJA S/O LAXMANAPPA AGED ABOUT 31 YEARS AGRICULTURIST GORAVINAKALLU VILLAGE KASABA HOBLI HOSADURGA TALUK CHITRADURGA DISTRICT - 577 527 …APPELLANTS (APPELLANT NOS. 1 TO 5 - SD) AND: GANGAMMA D/O SIDDAPPA RAMAPPA S/O DASAPPA BASAPPA S/O DASAPPA DEAD BY LRS 1. KARIYAMMA W/O LATE BASAPPA AGED ABOUT 84 YEARS 2. CHANDRAPPA S/O LATE BASAPPA AGED ABOUT 57 YEARS 3. RAJAPPA S/O LATE BASAPPA AGED ABOUT 57 YEARS 4. THAMMAIAHPPA S/O LATE BASAPPA - 3 - HC-KAR NC: 2025:KHC:35142 RSA No. 362 of 2022 AGED ABOUT 53 YEARS 5. SMT. RATHNAMMA D/O LATE BASAPPA W/O REVANNA AGED ABOUT 51 YEARS ABOVE 1 TO 5 ALL ARE AGRICULTURIST R/O MATHURU VILLAGE SRIRAMPURA HOBLI HOSADURGA TALUK CHITRADURGA - 577 527 6. M D KRISHNAPPA S/O DASAPPA AGRICULTURIST R/O MATHURU VILLAGE SRIRAMPURA HOBLI HOSADURGA TALUK CHITRADURGA - 577 527 7. THIMMANNA S/O DASAPPA AGRICULTURIST R/O MATHURU VILLAGE SRIRAMPURA HOBLI HOSADURGA TALUK CHITRADURGA - 577 527 8. THIMMAKKA D/O DASAPPA AGRICULTURIST R/O MATHURU VILLAGE SRIRAMPURA HOBLI HOSADURGA TALUK CHITRADURGA - 577 527 9. LAXSHMIDEVI D/O DASAPPA AGRICULTURIST - 4 - HC-KAR NC: 2025:KHC:35142 RSA No. 362 of 2022 R/O MATHURU VILLAGE SRIRAMPURA HOBLI HOSADURGA TALUK CHITRADURGA - 577 527 GOVINDAPPA S/O DASAPPA DEAD BY LRS 10. SHASHIDHARA S/O LATE GOVINDAPPA AGED ABOUT 25 YEARS AGRICULTURIST R/O MATHURU VILLAGE SRIRAMPURA HOBLI HOSADURGA TALUK CHITRADURGA - 577 527 11. LAKKAMMA D/O DASAPPA AGRICULTURIST R/O MATHURU VILLAGE SRIRAMPURA HOBLI HOSADURGA TALUK CHITRADURGA - 577 527 …RESPONDENTS *** THIS RSA IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE, 1908, AGAINST THE JUDGMENT AND DECREE DATED 15.12.2021 PASSED IN RA No.14/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., HOSADURGA DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 11.03.2019 PASSED IN OS No.57/2012 ON THE FILE OF THE PRL. CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS AT HOSADURGA. THIS RSA, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 5 - HC-KAR NC: 2025:KHC:35142 RSA No. 362 of 2022 ORAL ORDER Court notice issued to appellants returned with an endorsement that appellant Nos.1, 2, 3 and 5 are served personally and in respect of appellant No.4, it is served on her son. 2. Since the learned counsel for the appellants was permitted to retire and by way of abundant caution, court notice was issued to the appellants and having regard to the fact that the court notice is also served and the appellants are not represented, the Court is left with no other option but to dismiss the appeal. Accordingly, the appeal stands dismissed for non-prosecution. Sd/- (V SRISHANANDA) JUDGE BMV* List No.: 1 Sl No.: 15