- 1 - HC-KAR NC: 2025:KHC:44720 RSA No. 245 of 2009 C/W RSA No. 244 of 2009 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN REGULAR SECOND APPEAL NO.245 OF 2009 (DEC/INJ) C/W REGULAR SECOND APPEAL NO. 244 OF 2009 (DEC/INJ) IN RSA NO.245/2009: BETWEEN: 1. CHIKKABORAIAH S/O. LATE BORA @ BORAIAH AGED ABOUT 59 YEARS, 2. CHIKKABORAMMA D/O LATE BORA @ BORAIAH AGED ABOUT 57 YEARS 3. BORAMMA D/O LATE BORA @ BORAIAH AGED ABOUT 57 YEARS, ALL ARE R/O. HADYA VILLAGE DUDDA HOBLI, MANDYA TALUK-571 401. …APPELLANTS [BY SRI. SOMASHEKAR KASHIMATH, ADVOCATE (ABSENT)] Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44720 RSA No. 245 of 2009 C/W RSA No. 244 of 2009 AND: 1. HONNAMMA W/O. LATE DODDABOREGOWDA AGED ABOUT 78 YEARS, 2. H.D. DEVEGOWDA S/O LATE DODDABOREGOWDA AGED ABOUT 41 YEARS, BOTH ARE R/O. HADYA VILLAGE HULLENAHALLI POST DUDDA HOBLI, MANDYA TALUK-571 401. 3. SHIVAMMA W/O KARIGOWDA AGED ABOUT 45 YEARS R/O. CHANDAGALU VILLAGE DUDDA HOBLI, MANDYA TALUK-571 401. 4. 4(a) 4(b) 4(c) 4(d) PUTTATHAYAMMA W/O PUTTALINGEGOWDA DEAD BY LR'S PUTTALINGEGOWDA S/O BOREGOWDA AGED ABOUT 56 YEARS, MURTHY D/O. PUTTALINGEGOWDA AGED ABOUT 40 YEARS, SHOBA D/O. PUTTALINGEGOWDA AGED ABOUT 38 YEARS, SOUMYA D/O PUTTALINGEGOWDA AGED ABOUT 35 YEARS, - 3 - HC-KAR NC: 2025:KHC:44720 RSA No. 245 of 2009 C/W RSA No. 244 of 2009 RESPONDENT NOS.4(a) TO 4(d) ARE R/O CHEERANHALLI VILLAGE KOTHATHI HOBLI MANDYA TALUK-571 401. 5. KALPANA W/O RAMAKRISHNA AGED ABOUT 39 YEARS R/O. HOSBUDANUR VILLAGE KASABA HOBLI MANDYA TALUK-571 401. 6. 6(a) 6(b) 6(c) 6(d) KARIYAPPA S/O GENDEGOWDA DEAD BY LR'S MANGALAMMA W/O LATE KARIYAPPA AGED ABOUT 58 YEARS, DEVAMMA D/O LATE KARIYAPPA AGED ABOUT 31 YEARS, AMBIKA D/O LATE KARIYAPPA AGED ABOUT 29 YEARS, PRADEEP S/O LATE KARIYAPPA AGED ABOUT 23 YEARS, ALL ARE R/O. SHIVALLI VILLAGE DUDDA HOBLI MANDYA TALUK-571 401. …RESPONDENTS (BY SRI. H.N. BASAVARAJU, ADVOCATE FOR R.1 TO R.3 AND R.5; R.4 AND R.6: DISMISSED AS ABATED VIDE COURT ORDER DATED 07.12.2016; - 4 - HC-KAR NC: 2025:KHC:44720 RSA No. 245 of 2009 C/W RSA No. 244 of 2009 R.4(a): NOTICE HELD SUFFICIENT VIDE COURT ORDER DATED 01.06.2022, R.4(b): SERVED; R.4(c AND d): NOTICE HELD SUFFICIENT VIDE COURT ORDER DATED 10.08.2021; R.6(a TO d) ARE SERVED) THIS RSA IS FILED UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE IN R.A.NO.24/2005 DATED 30.09.2008, PASSED BY THE PRL. DISTRICT JUDGE, MANDYA BY DISMISSING THE APPEAL OF THE APPELLANT/PLAINTIFF AND BY CONFIRMING THE JUDGMENT AND DECREE PASSED BY THE ADDL. CIVIL JUDGE (SR.DVN.) MANDYA, IN O.S.NO.188/1997, DATED 02.02.2005, AND ALLOW THE SUIT WITH COST, IN THE INTEREST OF JUSTICE AND EQUITY. IN RSA NO.244/2009: BETWEEN: 1. 1(a) 1(b) 1(c) 1(d) BETTA @ BETTAISH S/O LATE KALAIAH DEAD BY HIS LR'S SINGAIAH S/O LATE BETTA @ BETTAIAH AGED ABOUT 54 YEARS, VENKATESH S/O LATE BETTA @ BETTAIAH AGED ABOUT 52 YEARS, SHUSHILA D/O LATE BETTA @ BETTAIAH AGED ABOUT 50 YEARS, RENUKA D/O LATE BETTA @ BETTAIAH AGED ABOUT 45 YEARS, - 5 - HC-KAR NC: 2025:KHC:44720 RSA No. 245 of 2009 C/W RSA No. 244 of 2009 1(e) 1(f) 1(g) SHIVANNA S/O LATE BETTA @ BETTAIAH AGED ABOUT 43 YEARS, NAGAMMA D/O LATE BETTA @ BETTAIAH AGED ABOUT 35 YEARS, SMT. SANAMMA W/O LATE BETTA @ BETTAIAH AGED ABOUT 65 YEARS, ALL R/O. HADYA VILLAGE DUDDA HOBLI, MANDYA TALUK-571 401. ...APPELLANTS [BY SRI. SOMASHEKHAR KASHIMATH, ADVOCATE FOR 1(a-g) (ABSENT)] AND: 1. HONNAMMA W/O. LATE DODDABOREGOWDA AGED ABOUT 78 YEARS, 2. H.D. DEVEGOWDA S/O LATE DODDABOREGOWDA AGED ABOUT 41 YEARS, BOTH ARE R/O. HADYA VILLAGE HULLENAHALLI POST DUDDA HOBLI, MANDYA TALUK-571 401. 3. SHIVAMMA W/O KARIGOWDA AGED ABOUT 45 YEARS R/O. CHANDAGALU VILLAGE DUDDA HOBLI, MANDYA TALUK-571 401. - 6 - HC-KAR NC: 2025:KHC:44720 RSA No. 245 of 2009 C/W RSA No. 244 of 2009 4. 4(a) 4(b) 4(c) 4(d) PUTTATHAYAMMA W/O PUTTALINGEGOWDA DEAD BY LRS. PUTTALINGEGOWDA S/O BOREGOWDA AGED ABOUT 56 YEARS, MURTHY D/O. PUTTALINGEGOWDA AGED ABOUT 40 YEARS, SHOBA D/O. PUTTALINGEGOWDA AGED ABOUT 38 YEARS, SOUMYA D/O PUTTALINGEGOWDA AGED ABOUT 35 YEARS, RESPONDENT NOS.4(a) TO 4(d) ARE R/O CHEERANHALLI VILLAGE KOTHATHI HOBLI MANDYA TALUK-571 401. 5. KALPANA W/O RAMAKRISHNA AGED ABOUT 39 YEARS R/O. HOSBUDANUR VILLAGE KASABA HOBLI MANDYA TALUK-571 401. 6. 6(a) KARIYAPPA S/O GENDEGOWDA DEAD BY LR'S MANGALAMMA W/O LATE KARIYAPPA AGED ABOUT 58 YEARS, - 7 - HC-KAR NC: 2025:KHC:44720 RSA No. 245 of 2009 C/W RSA No. 244 of 2009 6(b) 6(c) 6(d) DEVAMMA D/O LATE KARIYAPPA AGED ABOUT 31 YEARS, AMBIKA D/O LATE KARIYAPPA AGED ABOUT 29 YEARS, PRADEEP S/O LATE KARIYAPPA AGED ABOUT 23 YEARS, ALL ARE R/O. SHIVALLI VILLAGE DUDDA HOBLI MANDYA TALUK-571 401. …RESPONDENTS (BY SRI. H.N. BASAVARAJU, ADVOCATE FOR R.1 TO R.3 AND R.5; R.4 AND R.6: DISMISSED AS ABATED VIDE COURT ORDER DATED 07.12.2016; R.4(a): SERVICE HELD SUFFICIENT VIDE COURT ORDER DATED 01.06.2022, R.4(b): SERVED; R.4(c AND d) HELD SUFFICIENT VIDE COURT ORDER DATED 10.08.2021; R.6(a) SERVED; R.6(b-d) ARE SERVED.) THIS RSA IS FILED UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE IN R.A.NO.22/2005 DATED 30.09.2008, PASSED BY THE PRL. DISTRICT JUDGE, MANDYA BY DISMISSING THE APPEAL OF THE APPELLANT/PLAINTIFF AND BY CONFIRMING THE JUDGMENT AND DECREE PASSED BY THE ADDL. CIVIL JUDGE (SR.DVN.) MANDYA, IN O.S.NO.163/1998, DATED 02.02.2005, AND ALLOW THE SUIT WITH COST, IN THE INTEREST OF JUSTICE AND EQUITY. - 8 - HC-KAR NC: 2025:KHC:44720 RSA No. 245 of 2009 C/W RSA No. 244 of 2009 THESE APPEALS, COMING ON FOR HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL JUDGMENT None appears for the appellants. The appeals are of the year 2009. It appears that the appellants are not interested in prosecuting the appeals. The appeals are accordingly dismissed for non-prosecution. SD/- (M.I.ARUN) JUDGE hkh. List No.: 2 Sl No.: 10