- 1 - HC-KAR NC: 2025:KHC:46419 RSA No. 1412 of 2009 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA REGULAR SECOND APPEAL NO. 1412 OF 2009 (DEC) BETWEEN: 1. 1(A) P. SUBRAYA KALLURAYA S/O LAXMINARAYANA KALLURAYA AGED ABOUT 71 YEARS RESIDENT OF PAJIMANNU MUNDOOR VILLAGE & POST-574 202 PUTTUR TALUK, D.K.DISTRICT SINCE DECEASED BY LRs SRI. DURAGA PRASAD S/O SUBRAYA KALLURAYA P AGED ABOUT 50 YEARS R/AT PAJIMANNU HOUSE MUNDOOR VILLAGE & POST PUTTUR TALUK D.K.DISTRICT-574 202 …APPELLANT (APPELLANT NO.1 [A] - SERVED) AND: 1. 1(A) K. SUBBA RAO (SINCE DEAD) SMT. S. JALAJA W/O S. RAMAKRISHNA MADAMPADITHAYA, MAJOR R/O SORAKE HOUSE SARVE VILLAGE AND POST PUTTUR TALUK D K -574 202 Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:46419 RSA No. 1412 of 2009 1(B). SMT SAROJINI W/O GOPALAKRISHNA HEBBAR MAJOR R/O MANNIPADY VILLAGE & POST KASARGOD TALUK & DISTRICT 1(C). 2 SMT. G. VASANTHI W/O VENKATA SUBRAYA MARUPADITHAYA MAJOR R/O VEERAMANGALA HOUSE NARIMOGRU VILLAGE AND POST PUTTUR TALUK, D.K.-574 202 ANANTHAKRISHNA S/O K. SUBBA RAO AGED 79 YEARS R/O PAJIMANNU HOUSE MUNDOOR VILLAGE AND POST PUTTUR TALUK, D.K.-574 202 SINCE DECEASED BY LRs 2(A) SMT. RAJAMMA W/O K. ANANTHAKRISHNA RAO MAJOR R/O PAJIMANNU HOUSE MUNDOOR VILLAGE AND POST PUTTUR TALUK, D.K.-574 202 2(B) SADANANDA RAO S/O LATE ANANTHA KRISHNARAO R/AT NO.11, MANASA, 3RD CROSS MUNESHWARA NAGARA CIRCLE OLD MANAGAMMANA-PALYA ROAD NEAR SBI ATM, BENGALURU-560 008 2(C) SRI. KRISHNA RAJA RAO S/O K ANANTHAKRISHANA RAO - 3 - HC-KAR NC: 2025:KHC:46419 RSA No. 1412 of 2009 MAJOR R/O PAJIMANNU HOUSE MUNDOOR VILLAGE AND POST PUTTUR TALUK, D.K.-574 202 2(D) SRI. SUBRAMANYA RAO S/O K. ANANTHAKRISHANA RAO MAJOR R/O PAJIMANNU HOUSE MUNDOOR VILLAGE AND POST PUTTUR TALUK, D.K.-574 202 2(E) SMT. JAYALAXMI K W/O K. ANANTHARAMA UPADHYAYA R/AT SAMAJNA, THUMBYA HOUSE KAIMANA POST, KANIYOORU HOBLI PUTTUR TALUK-574 202 2(F) SMT. HEMA W/O RATHAN KKUMAR R/AT ARIKADI VILLAGE AND POST KASARAGODU TALUK AND DISTRICT 2(G) SMT. USHA W/O MR. SRIRAMA R/AT SURABHI, SACHANGADU KANIYALA VILLAGE AND POST HOSADURGA TALUK KASARAGODU DISTRICT 3. K BALACHANDRA RAO S/O K SUBBA RAO AGED ABOUT 68 YEARS 4. K MOHANA RAO S/O K SUBBA RAO AGED ABOUT 54 YEARS R/O PAJIMANNU HOUSE MUNDOOR VILLAGE & POST PUTTUR TALUK, D.K.-574 202 - 4 - HC-KAR NC: 2025:KHC:46419 RSA No. 1412 of 2009 …RESPONDENTS (BY SRI.G. RAVISHANKAR SHASTRY, ADVOCATE FOR R2 [A TO G], R3 & R4, R1(A), R1(B), R1(C) -SERVED) THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 6.6.2009 PASSED IN R.A.NO.25/1993 ON THE FILE OF THE ADDL. CIVIL JUDGE (SR.DN) & JMFC., PUTTUR, D.K, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 12.1.1993 PASSED IN O.S.154/1987 ON THE FILE OF THE PRL. MUNSIFF COURT, PUTTUR, D.K. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA ORAL JUDGMENT Appellant No.1(a) called out. Absent. 2. Learned counsel for the respondents is present. 3. The original appellant - Sri P Subraya Kalluraya died during the pendency of appeal and his son - Sri Duraga Prasad filed an application IA.1 of 2017 seeking permission to come on record as legal representative. The said application was allowed and he was permitted to come on record as appellant No.1(a). Thereafter, appellant No.1(a) never appeared before the Court. - 5 - HC-KAR NC: 2025:KHC:46419 RSA No. 1412 of 2009 4. Even the Court notice was issued and served personally on appellant No.1(a). Inspite of that, there is no representation. Even today, neither appellant No.1(a) nor anybody on his behalf is present. It appears that appellant No.1(a) is not interested in prosecuting the appeal. Hence, the appeal is dismissed. SD/- (M G UMA) JUDGE BGN List No.: 1 Sl No.: 13