- 1 - HC-KAR NC: 2025:KHC:44673 RSA No. 1579 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1579 OF 2013 (INJ) BETWEEN: 1. SMT.BABY HENGSU W/O SUNDAR KOTIAN AGED ABOUT 59 YEARS RESIDING AT KEMRAL VILLAGE KEMRAL POST MANGALORE TALUK DAKSHINA KANNADA DISTRICT PIN: 575 015 …APPELLANT (BY SRI. NAGARAJA IJARI, ADVOCATE (ABSENT)) AND: 1. MRS.BENEDICTA D SOUZA W/O CHARLES D SOUZA AGED ABOUT 57 YEARS 2. LOKU SHETTY S/O THILMMAYYA SHETTY AGED ABOUT 64 YEARS 3. SRI VITTALA SHETTIAGARA S/O GUDDA SHETTIGARA AGED ABOUT 57 YEARS Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44673 RSA No. 1579 of 2013 ALL ARE RESIDING AT KONGANALA HOUSE KEMRAL VILLAGE KEMRAL POST MANGALORE TALUK DAKSHINA KANNADA DISTRICT PIN: 575 015 …RESPONDENTS (BY SRI. K. CHANDRANATH ARIGA, ADVOCATE FOR R1 R3 SERVED ON I.A.NO.01/2013 VIDE ORDER DATED 13.08.2014, NOTICE TO R2 IS DISPENSED WITH) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 READ WITH ORDER 42 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 08.10.2012 PASSED IN R.A.NO.69/2007 ON THE FILE OF THE SENIOR CIVIL JUDGE & ACJM, KARKALA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 28.02.2007 PASSED IN O.S.NO.124/2005 ON THE FILE OF THE CIVIL JUDGE (JR.DN) & JMFC., MOODBIDRI. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI - 3 - HC-KAR NC: 2025:KHC:44673 RSA No. 1579 of 2013 ORAL JUDGMENT None appears for the appellant. Appeal is of the year 2013. Despite granting sufficient opportunity none appeared for the appellant. It seems that the appellant is not interested in prosecuting the appeal. Accordingly, the appeal is dismissed for non- prosecution. Sd/- (ASHOK S.KINAGI) JUDGE PSJ CT-SG List No.: 2 Sl No.: 6