- 1 - HC-KAR NC: 2025:KHC:44246 RSA No. 1339 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1339 OF 2013 (PAR) BETWEEN: 1. MALLIKARJUN S/O MARLINGEGOWDA AGED ABOUT 33 YEARS R/AT MYSORE TALUK & MYSORE DISTRICT 2. SHIVAKUMAR S/O MARLINGEGOWDA AGED 31 YEARS R/AT MYSORE TALUK & MYSORE DISTRICT 3. JAGADEESHA S/O MARLINGEGOWDA AGED 29 YEARS R/AT MYSORE TALUK & MYSORE DISTRICT 4. YASHODA W/O JAYARAMA AGED 42 YEARS R/AT MYSORE TALUK & MYSORE DISTRICT 5. SHRUTHI D/O JAYARAMA AGED 21 YEARS Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44246 RSA No. 1339 of 2013 R/AT MYSORE TALUK & MYSORE DISTRICT 6. DHARMENDRA S/O JAYARAMA AGED 14 YEARS MINOR, REP. BY NATURAL GUARDIAN, MOTHER R/AT MYSORE TALUK & MYSORE DISTRICT 7. KAMAKSHI W/O SHANTHAKUMAR AGED 32 YEARS R/AT MYSORE TALUK & MYSORE DISTRICT 8. BHOOMIKA D/O SHANTHAKUMAR AGED 13 YEARS MINOR, REP. BY NATURAL GUARDIAN, MOTHER, SMT. KAMAKSHI R/AT MYSORE TALUK & MYSORE DISTRICT 9. BHARATHRAJ S/O SHANTHAKUMAR AGED 11 YEARS MINOR, REP. BY NATURAL GUARDIAN, MOTHER, SMT. KAMAKSHI R/AT MYSORE TALUK & MYSORE DISTRICT 10. KAMALAMMA D/O LATE CHENNEGOWDA AGED 51 YEARS R/AT KANIYANAHUNDI VILLAGE, MYSORE TALUK, MYSORE DISTRICT - 571 604 …APPELLANTS [PARTIES IN PERSON (ABSENT)] - 3 - HC-KAR NC: 2025:KHC:44246 RSA No. 1339 of 2013 AND: 1. MARLINGEGOWDA S/O LATE CHENNEGOWDA AGED ABOUT 57 YEARS 2. JAYARAMA S/O LATE CHENNEGOWDA AGED 45 YEARS 3. SHANTHAKUMARA S/O LATE CHANNEGOWDA AGED 38 YEARS ALL ARE R/AT BHOGADI VILLAGE, KASABA HOBLI MYSORE TALUK & MYSORE DISTRICT - 571 604 4. H. S. NANJUNDASWAMY S/O H.N. SEETHARAMAIAH AGED 57 YEARS 5. SMT. BHARATHISWAMY S/O H.S. NANJUNDASWAMY AGED 49 YEARS RESPONDENT Nos.4 & 5 ARE R/AT D.NO.2410, 1ST CROSS HOSABANDIKERI K.R. MOHALLA MYSORE CITY - 571 604. …RESPONDENTS (R1 TO R4 ARE SERVED SRI. RAVINDRA BABU, ADVOCATE FOR R5) THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DTD 22.4.2013 PASSED IN R.A.NO.202/2012 ON THE FILE OF VI ADDITIONAL DISTRICT JUDGE, MYSORE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD 2.3.2012 PASSED IN - 4 - HC-KAR NC: 2025:KHC:44246 RSA No. 1339 of 2013 OS.NO.1010/2006 ON THE FILE OF IV ADDITIONAL SENIOR CIVIL JUDGE, MYSORE. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL JUDGMENT 1. This appeal is field by the appellants through a counsel. The learned counsel for the appellants filed a Memo for retirement, wherein it is stated that he has issued a notice dated 11.08.2017 to the appellants, and some of the appellants received the notice, however, the postal covers sent to some of the appellants, returned with an endorsement as "unclaimed". 2. This Court vide order dated 28.10.2025 permitted the learned counsel for the appellants to retire from the case and the office was directed to reflect the name of the appellants in the cause-list. - 5 - HC-KAR NC: 2025:KHC:44246 RSA No. 1339 of 2013 3. Appellants called out—absent. No representation is made for the appellants. 4. As the appeal is of the year 2013, it appears that the appellants are not interested in prosecuting the appeal. 5. Accordingly, the appeal is dismissed for non- prosecution. Sd/- (ASHOK S.KINAGI) JUDGE RK CT:KHV List No.: 2 Sl No.: 6