- 1 - HC-KAR NC: 2026:KHC:24336 RSA No. 867 of 2010 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR SECOND APPEAL NO. 867 OF 2010 (DEC-) BETWEEN: 1. SRI. A. L. NANJUNDA RAJ URS S/O LATE LINGARAJE URS, AGE 53 YEARS, R/AT DOOR NO. 201, 'A' BLOCK, 4TH MAIN, J.P NAGAR, MYSORE-570008. 2. SMT. A.L SUGUNA, D/O A.N. LINGARAJE URS, AGED 56 YEARS, W/O M.N. KRISHNE URS, R/AT DOOR NO. 76, 5TH 'B' CROSS, KHB COLONY, LIG - II STAGE, BASAVESWARANAGAR, BANGALORE-560 059. 3. SMT. A. L. SHYLAJA D/O A.N. LINGARAJE URS, AGED 51 YEARS, R/AT DOOR NO. 1650, 6TH CROSS, HOSAKERI, K.R MOHALLA, MYSORE-570001. …APPELLANTS (BY SRI. MANMOHAN P. N., ADVOCATE) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:24336 RSA No. 867 of 2010 AND: 1. A. N. LINGARAJE URS, SINCE DEAD BY LRS. (A) SMT. N.D. JAYALAKSHMAMMANNI, W/O LATE A. N. LINGARAJE URS, AGED ABOUT 79 YEARS, R/AT DOOR NO. 1650/A, 6TH CROSS, HOSAKERI, K.R. MOHALLA, MYSORE - 570001. 2. C.V. SUBRAMANYAN, S/O K. VENKATASWAMY, R/AT DOOR NO. 70, GOLLAKERI, NARAYANASASTRY ROAD, MYSORE-570001. …RESPONDENTS (BY SRI. M.S. PURUSHOTHAM RAO, ADVOCATE FOR R2; NOTICE TO R1 IS SERVED AND UNREPRESENTED) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 10.11.2009 PASSED IN R.A.NO.23/2001 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT-II, MYSORE, DISMISSING THE APPEAL & CONFIRMING THE JUDGMENT AND DECREE DATED 5.07.2001 PASSED IN O.S.NO.56/1991 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE (SR. DN.), MYSORE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:24336 RSA No. 867 of 2010 CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT This Court on 05.03.2026 has issued Court notice to respondent No.2. The report has been received from the Principal District and Sessions Judge, Mysuru stating that respondent No.2 is not served as 'not residing in the said address'. 2. This Court on 02.04.2026 has also issued Court notice to the appellants since the learned counsel for the appellants had filed memo for retirement. Court notice issued to the appellants has been returned as 'served on appellant Nos.1 and 3 and appellant No.2 has left the address'. 3. Appellant Nos.1 and 3 called out, absent and unrepresented. 4. The appeal is of the year 2010. Court notice issued to appellant Nos.1 and 3 is duly served as per the - 4 - HC-KAR NC: 2026:KHC:24336 RSA No. 867 of 2010 report of Bailiff and appellant No.2 has left the address and no steps taken as against respondent No.2. 5. It appears that the appellants are not interested in prosecuting the appeal. Hence, the Regular Second Appeal is dismissed for non-prosecution. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 10