- 1 - HC-KAR NC: 2025:KHC:34089 MSA No. 69 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA MISCELLANEOUS SECOND APPEAL NO. 69 OF 2019 (RO) BETWEEN: 1. GOPALA GOWDA SON OF (LATE) KRISHNE GOWDA, @ DODDAMOGANA, AGED ABOUT 50 YEARS, 2. JAYAMMA WIFE OF (LATE) KRISHNE GOWDA @ DODDAMOGANA GOWDA, AGED ABOUT 65 YEARS, 3. H C KRISHNE GOWDA S/O (LATE) CHANNE GOWDA, AGED ABOUT 44 YEARS, ALL ARE R/AT OPPOSITE VSSN BANK, HOSAHOLLALU VILLAGE, KASABA HOBLI, MANDYA DISTRICT – 571426. …APPELLANTS (BY SRI. N.BYREGOWDA, ADVOCATE) AND: 1. SRI KADRE GOWDA SINCE DEAD BY HIS LRS. 2. SRI. RAVI S/O KADRE GOWDA, AGED ABOUT 43 YEARS, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34089 MSA No. 69 of 2019 R/AT OPPOSITE KEB OFFICE, JAYANAGARA EXTENSION, KR PETE TOWN, MANDYA DIST- 577133. …RESPONDENTS (BY SRI. KUMARA K G., ADVOCATE) THIS MSA IS FILED UNDER ORDER 43 RULE (1)(u) OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 27.04.2019 PASSED IN RA.NO.05/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., K.R.PET, PARTLY ALLOWING THE APPEAL AND THEREBY CONFIRM THE JUDGMENT AND DECREE DATED 24.11.2016 PASSED IN OS.NO. 169/2009 ON THE FILE OF THE CIVIL JUDGE AND JMFC., AT K.R.PETE, DATED 24.11.2016 PASSED IN OS 169/2009. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Case called out again at 1.29 p.m. None appears for the appellants. 2. Present second appeal itself is of the year 2019. The order under challenge is the order of the First Appellate Court in remitting the matter to the Trial Court for fresh disposal. In fact, the said order is favourable to the appellants as one more chance is made available for fresh adjudication. - 3 - HC-KAR NC: 2025:KHC:34089 MSA No. 69 of 2019 3. Nevertheless, order sheet discloses that learned counsel for the appellants is not interested in prosecuting the matter diligently. 4. Accordingly, appeal stands dismissed for non prosecution. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 76