- 1 - HC-KAR NC: 2025:KHC:36545 RSA No. 1393 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1393 OF 2022 (INJ) BETWEEN: 1. SRI SHIVALINGAIAH S/O LATE HATTI THIMMAIAH AGED ABOUT 43 YEARS. 2. SRI THIPPESWAMY @ THIPPAIAH S/O LATE HATTI THIMMAIAH AGED ABOUT 42 YEARS. 3. SMT. MANJULA W/O THIPPESWAMY @ THIPPAIAH, S/O LATE HATTI THIMMAIAH AGED ABOUT 46 YEARS. ALL ARE RESIDING AT KALLENAHALLI VILLAGE, HULIYAR HOBLI, C.N. HALLI TALUK TUMKUR DISTRICT - 572 216. …APPELLANTS (BY SRI K. VEERESHA, ADV.) AND: MR. C. KAREGOWDA S/O CHIKKANNA AGED ABOUT 70 YEARS R/AT KALLENAHALLI VILLAGE HULIYAR HOBLI, C.N. HALLI TALUK TUMKUR DISTRICT - 572 216. …RESPONDENT (BY SRI VINAYA KEERTHY M, ADV.) THIS RSA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 15.07.2022 PASSED IN RA.No.14/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, CHIKKANAYAKANAHALLI, DISMISSING THE APPEAL AND Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36545 RSA No. 1393 of 2022 CONFIRMING THE JUDGMENT AND DECREE DATED 23.10.2020 PASSED IN OS No.340/2011 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC, CHIKKANAYAKANAHALLI. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT None appears for the appellants. Learned counsel for the respondent is present. 2. Even on 28.08.2025 counsel for the appellants was absent. Appeal is of the year 2022 filed by the defendants against decree of permanent and mandatory injunction. 3. Taking note of the fact that two Courts have concurrently held that plaintiff is entitled for injunction, appeal stands dismissed for non-prosecution. Sd/- (V SRISHANANDA) JUDGE NMS List No.: 1 Sl No.: 45