- 1 - HC-KAR NC: 2025:KHC:45384 RSA No. 676 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 676 OF 2015 (DEC/INJ) BETWEEN: 1. SRI K M HANUMAIAH S/O MALLIGERE MUDLIGIAIH SINCE DEAD BY HIS LRS, SRI.M.H. JAGADESSH, S/O LATE SRI K.M.HANUMAIAH, AGED ABOUT 52 YEARS, R/AT NO.32 SHANKARAPPA LAYOUT, MANIPAL HOSPITAL ROAD, RAJARAJESHWARI NAGAR, BANGALORE-560 098. 2. SRI.M.H. JAYARAM S/O LATE SRI.K.M.HANUMAIAH, AGED ABOUT 60 YEARS, R/AT NO.32 SHANKARAPPA LAYOUT, MANIPAL HOSPITAL ROAD, RAJARAJESHWARI NAGAR, BANGALORE-560 098. 3. SRI.K.M. CHIKKAHANUMAIAH S/O LATE SRI MALLIGERE MUDIGIRIAH, AGED ABOUT 75 YEARS, Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45384 RSA No. 676 of 2015 RETD. SUB INSPECTOR, BEHIND YELLAMMA'S TEMPLE UPPARAHALLY TUMKUR-572 102. 4. SRI.K.M. RAMAIAH S/O LATE SRI MALLIGERE MUDLIGIRIAH, AGED ABOUT 67 YEARS, STORE KEEPER, JANATHA BAZAR, MYSORE-570 002. 5. SMT. YELLAMMA W/O SRI MARILINGAIAH, SINCE DEAD, MY HER LRS, SRI.M. SIDDARAJU, S/O YELLAMMA @ SHARADAMMA AGED ABOUT 41 YEAARS, R/AT 3RD CROSS, KUNIGAL, TUMKUR DISTRICT-572 130. 6. SRI.M. KUMAR S/O YELLAMMA @ SHARADAMMA, AGED ABOUT 55 YEARS, R/AT NO.17/D, PWD QUAARTERS, RAJAPURA EXTENSION, GULBARGA - 585 105. 7. SMT.M. SOUBHAGYA D/O YELLAMMA @ SHARADAMMA W/O R.S. SETTALAPPA, AGED ABOUT 40 YEARS, R/AT RENUKA NILAYA, S.L.V. TILES FACTORY ROAD, ANDANAIAHA EXTENSION, KUNIGAL ATOWN, TUMKUR DISTRICT-572 101 - 3 - HC-KAR NC: 2025:KHC:45384 RSA No. 676 of 2015 8. SMT.M. SUSHEELA D/O YELLAMMA @ SHARADAMMA W/O B.H. LAKSHMINARAYANAGOWDA, AGED ABOUT 42 YEARS, R/AT ISIRI, NO.11/A, ANNAPOORNESHWARI LAYOUT, NAGADEVANAHALLI, BANGALORE-560 056. 9. SMT.M. SHOBHA D/O YELLAMMA @ SHARADAMMA, W/O SRI BYRAPPA K, AGED ABOUT 53 YEARS, R/AT SHIVA NILAYA, UPPARAHALLI NEAR CYCLE STAND FACTORY, TUMKUR-572 120. …APPELLANTS (BY SRI. C R GOPALASWAMY., ADVOCATE) AND: 1. SRI K DHARANENDRAIAH S/O LATE SRI K. KRISHNAPPA, AGED ABOUT 57 YEARS, R/AT KALLUR, KASABA HOBLI, GUBBI TALUK, TUMKUR DISTRICT-572 216. 2. SRI.K. RAJASHEKARAIAH S/O LATE SRI.K. KRISHNAPPA, AGED ABOUT 52 YEARS, R/AT KALLUR, KASABA HAOBLI, GUBBI TALUK, TUMKUR DISTRICT-572 216 …RESPONDENTS (BY SMT/MISS SHRI VIDYA, ADVOCATE FOR SRI. T N VISWANATHA, ADVOCATE FOR R2) - 4 - HC-KAR NC: 2025:KHC:45384 RSA No. 676 of 2015 THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 17.12.2014 PASSED IN R.A NO.39/2008 ON THE FILE OF THE SENIOR CIVIL JUDGE, GUBBI, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 07.06.2008 PASSED IN O.S NO.297/1992 ON THE FILE OF THE CIVIL JUDGE (J.D) AND JMFC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL JUDGMENT Case called. None appears for the appellants. As the appeal is of the year 2015, it appears that the appellants are not interested in prosecuting the appeal. Accordingly, the appeal is dismissed for non-prosecution. In view of the disposal of the appeal, pending IAs, if any, would not survive for consideration and they are disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SKS CT:KHV