- 1 - HC-KAR NC: 2025:KHC:40013 RSA No. 573 of 2009 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA REGULAR SECOND APPEAL NO. 573 OF 2009 (DEC/INJ) BETWEEN: SMT. K. V. PREMA SINCE DEAD BY HER LRS SMT. R. K. JYOTHI, W/O MADAN KUMAR, AGED ABOUT 46 YEARS, R/AT NO.361, 12TH CROSS, 11TH MAIN, J.P. NAGAR, MYSORE - 570 001. …APPELLANT (BY SRI. M. SHIVAPRAKASH, ADVOCATE) AND: 1. SRI. KALEGOWDA, S/O CHALUVEGOWDA AGED ABOUT 64 YEARS 2. SRI. BASAVARAJE URS, S/O BASAVARAJE URS AGED ABOUT 55 YEARS 3. SRI. SUBRAMANYARAJE URS, S/O BASAVARAJE URS, AGED ABOUT 50 YEARS, 4. SRI. MADAPPA, S/O JAVARASHETTY, AGED ABOUT 74 YEARS, 5. SMT. JAYAMMA, W/O JAVARASHETTY, AGED ABOUT 54 YEARS, Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:40013 RSA No. 573 of 2009 6. SMT. SIDDAMMA, W/O LAKSHMANA SHETTY, AGED ABOUT 84 YEARS 7. SRI. CHANNARAJE URS, S/O BASAVARAJE URS, AGED ABOUT 61 YEARS, 8. SMT. KALAMMA W/O CHANNAIJA, MAJOR, SINCE DEAD, APPEAL AGAINST R8 ABATED. 8(A). SWAMY S/O CHANNAIAH AGED ABOUT 48 YEARS, 8(B). MAHESH S/O CHANNAIAH AGED ABOUT 46 YEARS, 8(C). KRISHNA S/O CHANNAIAH AGED ABOUT 43 YEARS, 8(D). PALLAVI S/O CHANNAIAH AGED ABOUT 40 YEARS, 8(E). SUDHA D/O CHANNAIAH AGED ABOUT 37 YEARS, ALL ARE R/AT NARALAPURA (V) PERIYAPATNA TQ. MYSORE DISTRICT. RESPONDENTS NO.1 TO 6 ARE RESIDING AT BEDTHUR VILLAGE RESPONDENT NO.7 IS RESIDING - 3 - HC-KAR NC: 2025:KHC:40013 RSA No. 573 of 2009 AT NARALAPURA VILLAGE, KASABA HOBLI, PERIYAPATNA TALUK. …RESPONDENTS (BY SRI. P.M. SIDDAMALLAPPA, ADVOCATE FOR R1 R2, 3, 4, 5, 6, 7 - SD/- V/O DT.29/11/12, APPEAL AGAINST R8 IS ABATED R8 (A), (B), (E) - SD/- V/O DT. 8/6/18, NOTICE TO R8(C) & R8(D) H/S) THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DATED 3.1.2009 PASSED IN R.A.NO.4/2000 ON THE FILE OF THE ADDL. CIVIL JUDGE (SR.DN.) & JMFC, HUNSUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED: 22.11.1999 PASSED IN OS.NO. 121/1991 ON THE FILE OF THE CIVIL JUDGE (JR.DN.), PERIYAPATNA. THIS RSA, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA ORAL JUDGMENT Learned counsel for the appellant prays for time. Even after granting sufficient time for him to prepare and address his arguments, he is seeking time to address the arguments. It is noticed that, the original suit was filed in the year 1991. The appeal is of the year 2009. The same is listed in advance list and has been taken up for final hearing. Learned - 4 - HC-KAR NC: 2025:KHC:40013 RSA No. 573 of 2009 counsel for the parties have also been intimated by the office not to seek any adjournments when the matter is listed for final hearing. In-spite of that, the learned counsel for appellant is not ready to address the arguments. Considering all these facts and circumstances, I am of the opinion that the appellant is not interested in prosecuting the appeal. Hence, the appeal is dismissed for default i.e., for non-prosecution. Sd/- (M G UMA) JUDGE MKM CT:VS