- 1 - HC-KAR NC: 2025:KHC:33659 RSA No. 1490 of 2013 C/W RSA No. 1489 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR SECOND APPEAL NO. 1490 OF 2013 (DEC) C/W REGULAR SECOND APPEAL NO. 1489 OF 2013 (DEC) IN RSA No. 1490/2013 BETWEEN: THITHIRA C UTHAYYA AGED ABOUT 60 YEARS, S/O LATE CHENGAPPA, RESIDING AT HARIHARA VILLAGE, VIRAJPET TALUK, KODAGU DISTRICT, PIN: 571218. …APPELLANT (BY SRI M.S.SOMASHEKAR, FOR M/S. M.T.NANAIAH ASSTS., ADVOCATES (ABSENT)) AND: 1. SRI B.A.UTHAPPA AGED ABOUT 35 YEARS, S/O LATE B.APPAYYA, 2. SMT. B.A.MEERA, AGED ABOUT 39 YEARS, D/O LATE B.APPAYYA, 3. SMT. B.A.THARA, AGED ABOUT 36 YEARS, D/O LATE B.APPAYYA 4. SRI. BACHIRA KUSHALAPPA AGED ABOUT 67 YEARS, Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33659 RSA No. 1490 of 2013 C/W RSA No. 1489 of 2013 S/O LATE MEDAPPA, 5. SMT. BACHIRA ROHINI, AGED ABOUT 60 YEARS, W/O LATE KALAYYA, 6. SRI. BACHIRA NIRAN, AGED ABOUT 34 YEARS, S/O LATE KALAYYA, 7. SRI. BACHIRA NIKIL, AGED ABOUT 29 YEARS, S/O LATE KALAYYA, 8. SRI BACHIRA UTHAYYA AGED ABOUT 58 YEARS, S/O LATE MEDAPPA, 9. SRI BACHIRA KASHI AGED ABOUT 45 YEARS, S/O LATE MEDAPPA, 10. LATE THITHIRA MUTHANNA, SINCE DECEASED BY LRS 10(a) SMT. THITHIRA M. GIRIJA PONNAMMA, W/O LATE THITHIRA MUTHANNA, AGED ABOUT 70 YEARS, 10(b) SRI T.M. UTHAPPA @ DHARMANA AGED ABOUT 50 YEARS, S/O LATE THITHIRA MUTHANNA, 10(c) SRI T.M. SIYAMMA AGED ABOUT 45 YEARS, S/O LATE THITHIRA MUTHANNA, 11. SRI. THITHIRA PONNAPPA, AGED ABOUT 80 YEARS, 1 to 3 CHILDREN OF LATE B APPAYYA, NO.5 IS WIFE AND 6 AND 7 CHILDREN OF LATE KALAYYA, - 3 - HC-KAR NC: 2025:KHC:33659 RSA No. 1490 of 2013 C/W RSA No. 1489 of 2013 NOS.8 AND 9 ARE SONS OF LATE MADAPPA, 10 AND 11 S/O AIYYAMMA, ALL ARE RESIDENTS OF HARIHARA VILLAGE, VIRAJPET TALUK, KODAGU DISTRICT, HARIHARA VILLAGE, VIRAJPET TALUK, KODAGU DISTRICT - 571218. SINCE DECEASED. 12. THITHIRA S. SOMAYYA, AGED ABOUT 55 YEARS, S/O LATE CHENGAPPA, RESIDING AT HARIHARA VILLAGE, VIRAJPET TALUK, KODAGU DISTRICT - 571218. …RESPONDENTS (BY SRI PRASHANTH KUMAR D, ADVOCATE FOR M/S POOVAYYA & CO., ADVOCATES FOR R1 TO R9 & R10(a to c), R11 - DEAD & R12) THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DTD 26.6.2013 PASSED IN R.A.NO.21/2008 ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS COURT, KODADU, MADIKERI (SETTING AT VIRAJPET), DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD 20.2.2008 PASSED IN OS.NO.47/1998 ON THE FILE OF CIVIL JUDGE (SR.DN.), VIRAJPET. IN RSA NO. 1489/2013 BETWEEN: THITHIRA C UTHAYYA, AGED ABOUT 60 YEARS, S/O LATE CHENGAPPA, R/O HARIHARA VILLAGE, VIRAJPET TALUK, KODAGU DISTRICT, PIN - 571 218. ...APPELLANT (BY SRI. RAMAKRISHNA M &.,ADVOCATE) - 4 - HC-KAR NC: 2025:KHC:33659 RSA No. 1490 of 2013 C/W RSA No. 1489 of 2013 AND: 1. SRI B A UTHAPPA, AGED ABOUT 35 YEARS, S/O LATE B APPAYYA, 2. SMT B A MEERA, AGED ABOUT 39 YEARS, D/O LATE B APPAYYA, 3. SMT B A THARA, AGED ABOUT 36 YEARS, D/O LATE B APPAYYA, 4. SRI BACHIRA KUSHALAPPA, AGED ABOUT 67 YEARS, S/O LATE MEDAPPA, 5. SMT BACHIRA ROHINI, AGED ABOUT 60 YEARS, W/O LATE KALAYYA 6. SRI BACHIRA NIRAN AGED ABOUT 34 YEARS S/O LATE KALAYYA 7. SRI BACHIRA NIKIL AGED ABOUT 29 YEARS S/O LATE KALAYYA 8. SRI BACHIRA UTHAYYA AGED ABOUT 58 YEARS S/O LATE MEDAPPA 9. SRI BACHIRA KASHI AGED ABOUT 45 YEARS S/O LATE MEDAPPA 10. LATE THITHIRA MUTHANNA SINCE DECEASED BY LRS - 5 - HC-KAR NC: 2025:KHC:33659 RSA No. 1490 of 2013 C/W RSA No. 1489 of 2013 10(a) SMT THITHIRA M GIRIJA PONNAMMA W/O LATE THITHIRA MUTHANNA AGED ABOUT 70 YEARS 10(b) SRI T M UTHAPPA @ DHARMANA AGED ABOUT 50 YEARS S/O LATE THITHIRA MUTHANNA 10(c) SRI T M SIYAMMA, AGED ABOUT 45 YEARS, S/O LATE THITHIRA MUTHANNA, ALL ARE RESIDENTS OF HARIHARA VILLAGE, VIRAJPET TALUK KODAGU DISTRICT, PIN - 571 218. 11. SRI THITHIRA PONNAPPA AGED ABOUT 80 YEARS, 1 TO 3 CHILDREN OF LATE B APPAYYA, NO.5 IS WIFE AND 6 AND 7 CHILDREN OF LATE KALAYYA NOS.8 AND 9 ARE SONS OF LATE MEDAPPA, 10 AND 11 SONS OF S/O AIYYAMMA ALL ARE RESIDENTS OF HARIHARA VILLAGE, VIRAJPET TALUK KODAGU DISTRICT, PIN - 571 218, SINCE DECEASED. 12. THITHIRA S SOMAYYA, AGED ABOUT 55 YEARS, S/O LATE CHENGAPPA, R/O HARIHARA VILLAGE, VIRAJPET TALUK, KODAGU DISTRICT, PIN - 571 218. ...RESPONDENTS (BY SRI PRASHANTH KUMAR D, ADVOCATE FOR M/S POOVAYYA & CO., ADVOCATES FOR R1 TO R9 & R10(a to c), R11 - DEAD & R12) THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DTD 26.6.2013 PASSED IN R.A.NO.20/2008 ON THE FILE OF II ADDITIONAL DISTRICT AND SESSION JUDGE, KODAGU-MADIKERI (SITTING AT - 6 - HC-KAR NC: 2025:KHC:33659 RSA No. 1490 of 2013 C/W RSA No. 1489 of 2013 VIRAJPET), DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD 20.2.2008 PASSED IN OS.NO.47/1998 ON THE FILE OF CIVIL JUDGE (SR.DN.), VIRAJPET. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL JUDGMENT There is no appearance on behalf of the appellant even when the case is called for the second time. 2. Appeals are of the year 2013 and is still at the stage of Admission. It appears that the appellant is not interested in prosecuting the appeal. 3. Hence, the appeals are dismissed for non- prosecution. Sd/- (ANANT RAMANATH HEGDE) JUDGE GVP List No.: 1 Sl No.: 6