- 1 - HC-KAR NC: 2025:KHC:52922 RSA No. 345 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.345 OF 2025 (PAR) BETWEEN: 1. RAMESH KAMATH S/O LATE KRISHNAMURTHY KAMATH AGED ABOUT 56 YEARS AGRICULTURIST R/O KAMMARADI CHAVALMANE VILLAGE KOPPA TALUK CHIKMAGALURU 577125. …APPELLANT (BY SRI. GIREESHA KODGI, ADVOCATE - ABSENT) AND: 1. SMT. VEENA W/O SEETHARAMA BHANDARKAR AGED ABOUT 68 YEARS R/O KOTANAKATTE HIRIYADKA UDUPI DISTRICT-576113. 2. SMT. MADULATHA W/O LATE MUKUNDA KAMATH AGED ABOUT 60 YEARS 3. ABILASHA KAMATH S/O LATE MUKUNDA KAMATH AGED ABOUT 30 YEARS Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52922 RSA No. 345 of 2025 4. ABISHEK KAMATH S/O LATE MUKUNDA KAMATH AGED ABOUT 25 YEARS RESPONDENTS NO.2 TO 4 ARE RESIDING AT KAMMARADI CHAVALMANE VILLAGE KOPPA TALUK - 577125. 5. SMT. KUSUMA KAMATH W/O LATE SHIVANANDA KAMATH AGED ABOUT 63 YEARS R/O CHAVALMAE VILLAGE KOPPA TALUK - 577125. 6. SMT. KAVERY W/O SUDHAKAR NAYAK AGED ABOUT 60 YEARS R/O JAPTHI HOUSE BASRUR POST KUNDAPURA TALUK UDUPI - 576211. 7. UMESH KAMATH S/O LATE KRISHNAMURTHY KAMATH AGED ABOUT 55 YEARS MAHALAXMI STORE, 169/47 16TH MAIN, 6TH CROSS, HM LAYOUT, MATTIKERE BENGALURU - 560022 6360050205. 8. SURESH KAMATH S/O LATE KRISHNAMURTHY KAMATH AGED ABOUT 51 YEARS NO.37, MUNISWAMY BUILDING AT STREET YASHAVANTHAPURA BENGALURU-22. - 3 - HC-KAR NC: 2025:KHC:52922 RSA No. 345 of 2025 9. SMT. POORNIMA W/O NARASIMHA SHENOY AGED ABOUT 49 YEARS R/O C2 CASAGRANDE-49 ELLAI AMAN KOIL STREET ADYAR CHANNAI TAMILNADU-600 020. …RESPONDENTS (BY SRI. P.N.HARISH, ADVOCATE FOR R2 TO R4; R1, R5, R7, R8 AND R9 ARE SERVED) THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 19.12.2024 PASSED IN R.A.NO.31/2024 ON THE FILE OF THE SENIOR CIVIL JUDE AND JMFC, N.R.PURA, ITINERATE AT KOPPA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 23.11.2023 PASSED IN O.S.NO.4/2022 ON THE FILE OF THE CIVIL JUDGE AND JMFC, KOPPA. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT Inspite of this Court directed to verify and make submission regarding proper service of R6, the appellant’s counsel did not choose to verify and make the submission before the Court and also the counsel is not appearing before the Court regularly and even on 18.11.2025 also, counsel was absent. In the previous occasion also, he was - 4 - HC-KAR NC: 2025:KHC:52922 RSA No. 345 of 2025 absent on 26.11.2025 and this Court made it clear that if no representation by the appellant’s counsel on the next date of hearing, second appeal will be dismissed and inspite of the said order also, the counsel is absent and no representation. It appears that appellant’s counsel is not diligent in pursuing the appeal and hence, appeal is dismissed in terms of the order dated 26.11.2025. Sd/- (H.P.SANDESH) JUDGE RHS List No.: 1 Sl No.: 11