- 1 - HC-KAR NC: 2025:KHC:45370 RSA No. 323 of 2009 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN REGULAR SECOND APPEAL NO.323 OF 2009 (DEC) BETWEEN: 1. 1(a). 1(b). SRI SHIVARAJU SINCE DEAD BY LR'S, SRI CHANDRA MOHAN K.S. S/O LATE SHIVARAJU AGED ABOUT 41 YEARS, CHIKKATHAYAMMA D/O. LATE SHIVARAJU AGED ABOUT 43 YEARS, 2. CHIKKAMALLIAH S/O KELLAIAH AGED ABOUT 54 YEARS, 3. 3(a). 3(b). SRI SANNAMADAIAH SINCE DEAD BY LR'S, SRI RAVI K.S. S/O LATE SANNAMADAIAH AGED ABOUT 52 YEARS, SRI RAJU S., S/O LATE SANNAMADAIAH AGED ABOUT 50 YEARS, Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45370 RSA No. 323 of 2009 3(c). 3(d). SRI. MAHADESWAMY S/O LATE SANNAMADAIAH AGED ABOUT 48 YEARS, SMT. MALLIGADEVAMMA D/O LATE SANNAMADAIAH AGED ABOUT 48 YEARS, 4. 4(a). 4(b). SRI CHIKKAMADAIAH SINCE DEAD BY LR'S, SMT. LAKSHMI W/O LATE CHIKKAMADAIAH AGED ABOUT 45 YEARS, SRI ABHISHEK S/O LATE CHIKKAMADAIAH AGED ABOUT 25 YEARS, 5. SRI MAHADEVA S/O KEMAMALLAIAH AGED ABOUT 53 YEARS, 6. 6(a). 6(b). 6(c). SRI MALLAIAH SINCE DEAD BY LR'S, SRI MAHADEVASWAMY K.M. S/O LATE MALLAIAH AGED ABOUT 25 YEARS, SRI RAMAKRISHNA K., S/O LATE MALLAIAH AGED ABOUT 49 YEARS, SRI MALLESHA M., S/O LATE MALLAIAH - 3 - HC-KAR NC: 2025:KHC:45370 RSA No. 323 of 2009 6(d). AGED ABOUT 47 YEARS, SMT. NAGAMMA S/O LATE MALLAIAH AGED ABOUT 55 YEARS, 7. 7(a). 7(b). SRI MADAIAH SINCE DEAD BY LR'S. SRI RAJANNA S/O LATE MADAIAH AGED ABOUT 38 YEARS, SRI DEVAIAH S/O LATE MADAIAH AGED ABOUT 52 YEARS, 8. SRI MALLIAH @ KITTAIAH S/O MADAIAH AGED ABOUT 57 YEARS, 9. SRI DEVAIAH S/O MADAIAH AGED ABOUT 42 YEARS, ALL ARE RESIDING AT KEREHUNDI VILLAGE KASABA HOBLI NANJANGUD TALUK MYSORE DISTRICT-571 301. …APPELLANTS [BY SRI. P.MAHESHA, ADVOCATE (ABSENT)] AND: SRI K S MALLANNA SINCE DEAD BY LR'S, - 4 - HC-KAR NC: 2025:KHC:45370 RSA No. 323 of 2009 1. SMT. PUTTASUBBAMMA W/O. LATE K.S. MALLANNA AGED ABOUT 61 YEARS, 2. SRI K.M. NAGENDRASWAMY S/O LATE K.S. MALLANNA AGED ABOUT 44 YEARS, 3. K.M. RAJASHEKHARA S/O LATE K.S. MALLANNA AGED ABOUT 40 YEARS, 4. K.M. MAHESH S/O LATE K.S. MALLANNA AGED ABOUT 34 YEARS, 5. K.M. KUMARA S/O LATE K.S. MALLANNA AGED ABOUT 27 YEARS, RESPONDENTS NO.1 TO 5 ARE R/O. KEREHUNDI VILLAGE NANJANGUD TALUK MYSORE DISTRICT-571 301. 6. K.M. MAMATHA D/O LATE K.S. MALLANNA W/O CHIKKASWAMY AGED ABOUT 30 YEARS R/O. MUDDAHALLI VILLAGE KASABA HOBLI, NANJANGUD TALUK MYSORE DISTRICT-571 301. - 5 - HC-KAR NC: 2025:KHC:45370 RSA No. 323 of 2009 7. THE TAHSILDAR NANJANGUD TALUK MYSORE DISTRICT-571 301. 8. THE SECRETARY KALALE GRAM PANCHAYATH KALALE VILLAGE NANJANGUD TALUK MYSORE DISTRICT-571 118. …RESPONDENTS (BY SMT. M.P. GEETHADEVI, ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE, PRAYING TO SET ASIDE THE JUDGMENT & DECREE PASSED BY THE LEARNED CIVIL JUDGE (SR.DN.) & J.M.F.C., NANJANGUD IN R.A.NO.63/2006, DATED 09.01.2009 WHICH HAS REVERSED THE JUDGMENT AND DECREE PASSED BY THE LEARNED ADDITIONAL CIVIL JUDGE (JR.DN.), NANJANGUD, IN O.S.NO.194/2001 DATED 05.09.2006, ETC. THIS APPEAL, COMING ON FOR FINAL HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 6 - HC-KAR NC: 2025:KHC:45370 RSA No. 323 of 2009 ORAL JUDGMENT None appears for the appellants. The appeal is of the year 2009. It appears that the appellants are not interested in prosecuting the appeal. The appeal is accordingly dismissed for non-prosecution. SD/- (M.I.ARUN) JUDGE hkh. List No.: 2 Sl No.: 9