- 1 - HC-KAR NC: 2025:KHC:53733 RSA No. 1805 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.1805 OF 2025 (SP) BETWEEN: 1. SRI. SYED KALEEM SINCE DEAD BY HIS LRS. SMT. NAYARA PARVEEN S/O LATE SYED KALLEM AGED ABOUT 60 YEARS R/AT ACCHALU VILLAGE KASABA HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT-562 117. 2. SMT. AYESHA PARVEEN D/O LATE SYED KALEEM AGED ABOUT 36 YEARS R/AT ACCHALU VILLAGE KASABA HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT-562 117. 3. SRI. SYED NADEEM S/O LATE SYED KALEEM AGED ABOUT 34 YEARS R/AT ACCHALU VILLAGE KASABA HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT-562 117 …APPELLANTS (BY SRI. BHAT GANAPATHI NARAYANA, ADVOCATE) Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53733 RSA No. 1805 of 2025 AND: 1. SRI. CHIKKANNE GOWDA SINCE DEAD BY HIS LRS SMT. CHANDRAMMA W/O LATE CHIKKANNEK GOWDA AGED ABOUT 80 YEARS R/AT UPAKERE DODDI VILLAGE ACHALU POST SATHANUR HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT-562 117. 2. SRI SURESH S/O LATE CHIKKANNEKGOWDA AGED ABOUT 53 YEARS R/AT UPAKERE DODDI VILLAGE ACHALU POST SATHANUR HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT-562 117. 3. SRI. S. PRAKASH S/O LATE CHIKKANNE GOWDA AGED ABOUT 51 YEARS R/AT UPAKERE DODDI VILLAGE ACHALU POST SATHANUR HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT-562 117. 4. SMT. KEMPAJAMMA D/O LATE CHIKKANNEK GOWDA AGED ABOUT 53 YEARS R/AT MAKALANDA VILLAGE UYYAMBALLI HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT-562 117. …RESPONDENTS - 3 - HC-KAR NC: 2025:KHC:53733 RSA No. 1805 of 2025 THIS RSA IS FILED UNDER SECTION 100 ORDER 42 RULE 1 OF CPC, AGAINST THE SET ASIDE THE ORDER DATED 02.03.2024, IN R.A.NO.5050/2023 PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, SITTING AT KANAKAPURA, RAMANAGARA DISTRICT BY DISMISSING THE APPEAL FOR NON PROSECUTION FILED BY THE APPELLANTS AND CONSEQUENTLY SETTING ASIDE THE JUDGMENT AND DECREE DATED 19.01.2006 IN O.S.NO.130/2002 PASSED BY THE CIVIL JUDGE (JUNIOR DIVISION) AND JMFC AT KANAKAPURA. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT Learned counsel for the appellants seeks liberty of this Court to approach the Lower Appellate Court for restoration of the appeal. Hence, liberty as sought is granted. Accordingly, this second appeal is disposed of as not maintainable in view of Section 100 of CPC. The Registry is directed to return the certified copy of the order impugned. Sd/- (H.P.SANDESH) JUDGE ST List No.: 1 Sl No.: 18