- 1 - HC-KAR NC: 2026:KHC:17472 RSA No. 972 of 2010 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR SECOND APPEAL NO.972 OF 2010 (DEC/INJ) BETWEEN: 1. E. BALASUNDARAM S/O P. EKAMBARAM, AGED ABOUT 66 YEARS, (AMENDED CARRIED OUT AS PER COURT ORDER DATED 29.07.2024) 2. NATARAJ S/O P. EKAMBARAM, AGED ABOUT 54 YEARS, 3. CHOKKALINGAM S/O P. EKAMBARAM, AGED ABOUT 47 YEARS, APPELLANTS NOS.1 TO 3 ARE RESIDING AT PANDARAM LINE, MARIKUPPAM POST, KGF. …APPELLANTS (BY SRI KEERTHI K.S., ADVOCATE FOR SRI K. RAGHAVENDRA RAO, ADVOCATE; V/O. DATED 27.06.2024, APPEAL AGAINST A-2 STANDS DISMISSED AS ABATED) AND: 1. MANGALA MARY D/O P. DORAISWAMY, AGED ABOUT 68 YEARS, R/AT PANDARAM LINE, GONAMAKANAHALLI LIMITS, ROBERTSONPET HOBLI, KGF, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17472 RSA No. 972 of 2010 BANGARPET TALUK. 2. CITY MUNICIPAL COUNCIL, ROBERTSONPET, KGF, REP. BY ITS COMMISSIONER. …RESPONDENTS (BY SRI C. PATTABIRAMAN, ADVOCATE FOR R-1; V/O. DATED 13.04.2023 NOTICE TO R-2 IS H/S) THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 25.01.2010 PASSED IN R.A.NO.65/2002 ON THE FILE OF THE PRL. CIVIL JUDGE (SR.DN.) AT K.G.F., PARTLY ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 09.01.2002 PASSED IN O.S.NO.479/1988 ON THE FILE OF THE ADDL. CIVIL JUDGE (JR.DN.) K.G.F. THIS APPEAL COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT Learned counsel for the appellant submits that the appeal has abated as against appellant Nos.1 and 2. 2. No steps have been taken. - 3 - HC-KAR NC: 2026:KHC:17472 RSA No. 972 of 2010 3. Learned counsel for the appellant submits that the for want of instructions she is unable to file application for bringing the legal representatives on record. 4. For not having taken steps, the appeal stands dismissed for non-prosecution. Sd/- ______________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 41