- 1 - HC-KAR NC: 2025:KHC:43670 RSA No. 800 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI M REGULAR SECOND APPEAL NO. 800 OF 2020 (DEC/INJ) BETWEEN: 1. A.R.DAKSHINAMURTHY, S/O. LATE A.H.RAJANNA @ RAJASHEKHARAIAH, AGED ABOUT 54 YEARS, 2. SMT. A.R. VATHSALA, W/O. CHANDRASHEKAR, D/O. LATE A.H.RAJANNA @ RAJASHEKHARAIAH, AGED ABOUT 48 YEARS, BOTH ARE RESIDENTS OF ADALAGERE, NITTURU HOBLI, GUBBI TALUK, TUMKUR DISTRICT - 572216. …APPELLANTS (V/O DATED 21.10.2024, APPEAL AGAINST APPELLANT NO.1 STANDS ABATED, APPELLANT NO.2 [ABSENT]) AND: 1. SMT. KUMBAMMA, W/O. LATE DHARMAIAH @ SANNA DHARMAIAH, AGED ABOUT 81 YEARS, 2. RAJANNA, S/O. LATE DHARMAIAH @ SANNA DHARMAIAH, AGED ABOUT 61 YEARS, Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43670 RSA No. 800 of 2020 3. MALLESH, S/O. LATE DHARMAIAH @ SANNA DHARMAIAH, AGED ABOUT 57 YEARS, 4. SHIVANNA, S/O. LATE DHARMAIAH @ SANNA DHARMAIAH, AGED ABOUT 55 YEARS, 5. LOKESH, S/O. LATE DHARMAIAH @ SANNA DHARMAIAH, AGED ABOUT 51 YEARS, 6. CHIDANANDA, S/O. LATE DHARMAIAH @ SANNA DHARMAIAH, AGED ABOUT 49 YEARS, ALL ARE RESIDENTS OF ADALAGERE, NITTURU HOBLI, GUBBI TALUK, TUMKUR DISTRICT - 572216. …RESPONDENTS (BY SRI. JAGADISH D.HIREMATH, ADVOCATE FOR R1 TO R4) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE. THIS REGULAR SECOND APPEAL IS LISTED FOR ADMISSION, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER The name of appellant No.2 is called out thrice in the open Court, there is no representation on behalf of appellant - 3 - HC-KAR NC: 2025:KHC:43670 RSA No. 800 of 2020 No.2, either personally or through video conferencing. The appellant No.2 is absent. As could be seen from the daily order sheet, the appeal was listed on 25.10.2025, On that day, counsel Sri.Gangadharappa.A.V., was permitted to retire from the case and the office was directed to print the name of appellant No.2 in the cause list and the appeal was ordered to be listed on 31.10.2025. The appeal is listed today by printing the name of appellant No.2 in the cause list. As could be seen from the daily order sheet, the appeal against appellant No.1 abated vide order dated 21.10.2024. As could be seen from the appeal papers, the appeal is filed in 2020. Now we are in October, 2025. The appeal is pending from five years. As already noted above, the name of appellant No.2 is called out thrice in the open Court, there is no representation on her behalf, either personally or through video conferencing. The appellant No.2 has neither engaged the services of a counsel nor conducted the case as a party in person. It appears that appellant No.2 is not interested in - 4 - HC-KAR NC: 2025:KHC:43670 RSA No. 800 of 2020 prosecuting the appeal. Hence, the Regular Second Appeal is dismissed for non-prosecution. Because of dismissal of the appeal, pending interlocutory applications if any stands disposed of and interim direction if any stands discharged. SD/- (JYOTI M) JUDGE TKN,KMV List No.: 1 Sl No.: 24