- 1 - HC-KAR NC: 2025:KHC:37723-DB RFA No. 1433 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 1433 OF 2021 (DEC/INJ) BETWEEN: SRI H.S. GAJENDRA S/O LATE SRI SEETHARAM HEBBAR AGED ABOUT 55 YEARS AGRICULTURIST R/O HITTALMAKKI TALAGODU VILLAGE KALASA HOBLI BALEHOLE POST MUDIGERE TALUK. …APPELLANT (BY SRI A. MADHUSUDHANA RAO, ADV., -(ABSENT)) AND: 1. SRI H.S. VENKATARAMANA S/O LATE SRI SEETHARAM HEBBAR AGED ABOUT 74 YEARS AGRICULTURIST R/O HITTALMAKKI TALAGODU VILLAGE KALASA HOBLI BALEHOLE POST MUDIGERE TALUK. 2. SRI H.S. MAHABALA S/O LATE SRI SEETHARAM HEBBAR AGED ABOUT 68 YEARS Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37723-DB RFA No. 1433 of 2021 AGRICULTURIST R/O HITTALMAKKI TALAGODU VILLAGE KALASA HOBLI BALEHOLE POST MUDIGERE TALUK. 3. SRI H.S. RAGHAVENDRA S/O LATE SRI SEETHARAM HEBBAR AGED ABOUT 61 YEARS AGRICULTURIST R/O HITTALMAKKI TALAGODU VILLAGE KALASA HOBLI BALEHOLE POST MUDIGERE TALUK. …RESPONDENTS THIS RFA IS FILED UNDER ORDER 41 RULE 1 READ WITH SECTION 96 OF THE CODE OF CIVIL PROCEDURE PRAYING TO SET ASIDE THE ORDER PASSED ON I.A.NO.10 IN O.S.No.151/2015 DATED 14.03.2019 AND ALSO THE JUDGMENT AND DECREE DATED 17.03.2020 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC, AT MUDIGERE, IN O.S.No.151/2015 IN SO FAR AS IT RELATES TO ALLOWING THE COUNTER CLAIM OF RESPONDENTS 1 AND 3, ALLOW THIS REGULAR FIRST APPEAL WITH COSTS AND GRANT SUCH OTHER RELIEFS AS THIS HON'BLE COURT MAY DEEM FIT TO GRANT IN THE CIRCUMSTANCES FO THE CASE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K - 3 - HC-KAR NC: 2025:KHC:37723-DB RFA No. 1433 of 2021 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE RAJESH RAI K) There is no appearance for the appellant. Till today, office objections have not been complied. Therefore, in view of the peremptory order dated 17.09.2024 passed by this Court, no further order is required. 2. Accordingly, appeal stands dismissed for non-prosecution. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (RAJESH RAI K) JUDGE PN List No.: 4 Sl No.: 9