- 1 - HC-KAR NC: 2025:KHC:30646 RSA No. 1122 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR SECOND APPEAL NO. 1122 OF 2013 (PAR) BETWEEN: SMT ANUSUYA T D/O THIPPARAIAH AGED ABOUT 45 YEARS R/AT NO. 11, 1ST CROSS BYRAHANUMAIAH BADAVANE NEAR MOTOR GARAGE VIJAYANAGAR II STAGE ATTIGUPPE BANGALORE-40 SINCE DEAD BY HIS LR PRAVEENKUMAR.K S/O LATE V.C.KRISHNASWAMI AND LATE ANUSUYA T AGED ABLOUT 25 YEARS, RESIDING AT NO.11, 1ST CROSS, BYRAHANUMAIAH COMPOUND, BCC LAYOUT, VIJAYANAGARA 2ND STAGE, ATTIGUPPE, BANGALORE- 560040. …APPELLANT (BY SRI. RATHAN S., ADVOCATE) Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30646 RSA No. 1122 of 2013 AND: 1. SHIVALINGAIAH S/O LATE MARIDALAIAH AGED ABOUT 79 YEARS 2. DEVAPPA S/O CHIKKAPUTTAIAH AGED ABOUT 78 YEARS 3. DESHAPPA S/O CHIKKAPUTTAIAH AGED MAJOR R1 TO 3 R/AT RAVGODLU VILLAGE, KANAKAPURA RAOD BALARI POST UTTARAHALLI HOBLI BANGALORE SOUTH TALUK BANGALORE-62 (SINCE DELETED VIDE ORDER DATED 3.8.2023) 4. VIJAYA D/O THIPPARAIAH AGED ABOUT 54 YEARS R/AT NO.11, 1ST CROSS BYARAHANUMAIAH BADAWANE NEAR MOTOR GARAGE VIJAYANAGAR II STAGE ATTIGUPPE, BANGALORE-40 5. T. LALITHA D/O THIPPARAIAH W/O JAYARAM AGED MAJOR R/A MARAYANAHALLI, HOSUR POST RAMANGARAM TALUK BIDABI HOBLI, BANGALORE RURAL DISTRICT - 3 - HC-KAR NC: 2025:KHC:30646 RSA No. 1122 of 2013 6. VANITHA D/O THIPPARAIAH W/O JAYARAM, MAJOR, R/AT MARAYANAHALLI, HOSUR POST, RAMANAGARAM TALUK, BIDADI HOBLI, BANGALORE RURAL DISTRICT 7. SUMITHRA D/O THIPPARAIAH W/O RAJ HARIKERE AGED ABOUT 40 YEARS R/A MARALAWADI POST KANAKAPURA TALUK BANGALORE RURAL DISTRICT BANGALORE 8. T. SRINIVAS S/O THIPPARAIAH AGED ABOUT 54 YEARS R/AT RAVGODLU VILLAGE KANAKAPURA ROAD UTTARAHALLI HOBLI BANGALORE-62 SINCE DEAD BY HIS LRS 8(1). PREMA W/O SRINIVAS AGED 48 YEARS 8(2). BHAVYA D/O SRINIVAS AGED 28 YEARS 8(3). DIVYA D/O SRINIVAS AGED 26 YEARS 8(4). PAWAN S/O SRINIVAS AGED 24 YEARS. - 4 - HC-KAR NC: 2025:KHC:30646 RSA No. 1122 of 2013 RESPONDENT NO.8(1) TO 8(4) ALL ARE R/AT NO.87, SAGAR SIRI APARTMENT, 6TH CROSS, MARUTHI LAYOUT, VASANTHPURA, WARD NO.197 BANGALORE- 560067. 9. VINAY KUMAR.J S/O LATE T.VANAJA AGED ABOUT 32 YEARS R/AT No.28, MANAGANAHALLI HOSUR POST, BIDADI HOBLI RAMANAGARA TALUK & DISTRICT-562109. (BY SRI. T DEVAIAIAH FOR ADV. R1, SRI D.JAYARAMAIAH ADV. FOR R2 & R3, SRI HARSHA KUMAR GOWDA H.R ADV. FOR IMPLEADING R4 (A& B) & R5 (A & B) & R7, R6- APPEAL ABATED V.C.O.DT.12.03.2019, SRI RANJANKUMAR.K ADV. FOR R8 (1) TO (4), SRI K.N.SUBBA REDDY ADV. FOR PROPOSED IMPLEADING R9 AND FOR IMPLEADING PROPOSED R5(C) R1 TO R3 DELETED V.C.O.DT.03.08.2022. …RESPONDENTS THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DTD 31.10.2012 PASSED IN R.A.NO.28/2012 ON THE FILE OF PRESIDING OFFICER, FAST TRACK COURT-IV, BANGALORE RURAL DISTRICT, BANGALORE, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DTD 2.11.2011 PASSED IN OS.NO.422/03 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE, BANGALORE RURAL DISTRICT, BANGALORE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC:30646 RSA No. 1122 of 2013 CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL JUDGMENT None appears on behalf of the appellant. Hence, the appeal is dismissed for non-prosecution. Sd/- (ANANT RAMANATH HEGDE) JUDGE SSB CT: PS