- 1 - HC-KAR NC: 2025:KHC:51800 RSA No. 1803 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.1803 OF 2025 (SP) BETWEEN: 1. SRI. SYED KALEEM SINCE DEAD BY HIS LRS SMT. NAYARA PARVEEN W/O. LATE SYED KALEEM, 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:51800 RSA No. 1803 of 2025 AND: 1. SRI SANNAMUDDE GOWDA SINCE DEAD BY HIS LRS. SRI. KEMPA @ KEMPEGOWDA W/O. LATE SANNAMUDDE GOWDA, AGED ABOUT 55 YEARS, R/AT UPPAKERE DODDI VILLAGE, ACHALU POST, SATHANUR HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT-562 117. 2. SRI. GURUMURTHY S/O. LATE SANNAMUDDE GOWDA, AGED ABOUT 51 YEARS, R/AT. UPPAKERE DODDI VILLAGE, ACHALU POST, SATHANUR HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT-562 117. 3. SRI. NINGE GOWDA S/O. LATE SANNAMUDDE GOWDA, AGED ABOUT 51 YEARS, R/AT. UPPAKERE DODDI VILLAGE, ACHALU POST, SATHANUR HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT-562 117. 4. SMT. PARVATHAMMA D/O. LATE SANNAMUDDE GOWDA, AGED ABOUT 47 YEARS, R/AT. HULIKERE VILLAGE, KAILANCHA HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT-562 117. …RESPONDENTS THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE ORDER DATED 28.01.2025 PASSED IN - 3 - HC-KAR NC: 2025:KHC:51800 RSA No. 1803 of 2025 R.A.NO.5047/2023 ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA SIT AT KANAKAPURA, DISMISSING THE APPEAL AND FILED AGAINST THE 27.01.2005 PASSED IN O.S.NO.131/2002 ON THE FILE OF CIVIL JUDGE (JR. DN) AND JMFC, 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 The office has raised the objection regarding maintainability in view of Section 100 of CPC since appeal is dismissed for non-prosecution and hence, counsel seeks liberty of this Court to file appropriate petition or application before the appropriate forum. Hence, liberty is given as sought and the second appeal is disposed of for statistical purpose as not maintainable. 2. The Registry is directed to return the certified copy produced by the counsel for appellants. Sd/- (H.P.SANDESH) JUDGE RHS List No.: 1 Sl No.: 23