- 1 - HC-KAR NC: 2025:KHC:48353 RSA No. 174 of 2009 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN REGULAR SECOND APPEAL NO.174 OF 2009 (SP) BETWEEN: 1. 2. 3. SMT. SUNDARI POOJARTHI W/O. ANGARA POOJARI AGED ABOUT 68 YEARS HONNAPPARA KUDURU OF MOODU THONSE VILLAGE, P.O. KALLIANPUR, UDUPI TALUK AND DISTRICT SINCE DECEASED DIED ON 16.08.2009 REP. BY LEGAL REPRESENTATIVES. BHASKAR POOJARI S/O LATE SUNDARI POOJARI AGE 44 YEARS, KANTAPPA POOJARI S/O LATE SUNDARI POOJARI AGE 42 YEARS, MALATHI S. MABAIN D/O LATE SUNDARI POOJARI AGE 39 YEARS, YADABETTU MOODATHONSE VILLAGE, HONNAPPA KURDU POST KALLIANPUR-576 114 AND UDUPI TALUK AND DISTRICT. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48353 RSA No. 174 of 2009 4. 5. 6. VASANTH ARUN POOJARI S/O LATE SUNDARI POOJARI AGE 37 YEARS CHAUL NO.3, SUBASH NAGAR ASALPA SANTOSH KUNJI MUMBAI-84, SATISH POOJARI S/O LATE SUNDARI POOJARI AGE 35 YEARS REVATHI ALIAS REKHA D/O LATE SUNDARI POOJARI AGE 32 YEARS APPLICANTS/APPELLANTS NOS.1 TO 6 ARE RESIDING AT GARADI MANE, MOODATHONSE VILLAGE HONNAPPA KURDU POST KALLIANPUR-576 114. …APPELLANTS (BY SRI. V.S. HEGDE, ADVOCATE [ABSENT]) AND: 1. SRI NAGAPPA POOJARI S/O. CHOOVA POOJARI AGED ABOUT 75 YEARS R/AT MOODU THONSE VILLAGE, SINCE DECEASED DIED ON 28.05.2010 REP. BY LEGAL REPRESENTATIVE 1(a). SURESH POOJARI SON-IN-LAW OF NAGAPPA POOJARI AGED 55 YEARS, AT NO.4-6 HONNAPPA KUDRU MOODU THONSE VILLAGE POST: KALLIANPURA - 3 - HC-KAR NC: 2025:KHC:48353 RSA No. 174 of 2009 UDUPI TALUK AND DISTRICT-576 114. 2. NARASAPPA SUVARNA MAJOR, HONNAPPARA KUDURU OF MOODU THONSE VILLAGE, P.O. KALLIANPUR, UDUPI TALUK AND DISTRICT SINCE DECEASED DIED ON 20.12.2013 REP. BY LEGAL REPRESENTATIVES 2(a) MUDDU T. SUVARNA SON-IN-LAW OF NARANAPPA SUVARNA AGED 78 YEARS, AT NO.3-41 MOODU KUDRU MOODU THONSE VILLAGE POST: KALLIANPURA UDUPI TALUK AND DISTRICT-576 114. …RESPONDENTS (BY SMT. JAITHRA J NARAYAN, ADVOCATE FOR R.1 AND R.2; R.1(a): SERVED, R.2(a): SERVED.) THIS RSA IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE, PRAYING TO SET ASIDE THE JUDGEMENT & DECREE DATED 29.11.2000, PASSED IN R.A.NO.59/2000 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (SR.DN.), UDUPI, ETC. THIS APPEAL, COMING ON FOR FINAL HEARING THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 4 - HC-KAR NC: 2025:KHC:48353 RSA No. 174 of 2009 ORAL JUDGMENT None appears for the appellants. The appeal is of the year 2009. It appears that the appellants are not interested in prosecuting the appeal. The appeal is accordingly dismissed for non-prosecution. Sd/- (M.I.ARUN) JUDGE VMB List No.: 2 Sl No.: 10