- 1 - HC-KAR NC: 2026:KHC:17094 RSA No. 1413 of 2009 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO. 1413 OF 2009 (RES) BETWEEN: 1. SUBBARAYAPPA SINCE DECEASED REP. BY LRS. 1(a). S. MUNIANJINAPPA S/O LATE SUBBARAYAPPA AGED ABOUT 55 YEARS R/AT DEVAGANAHALLI KUNDANA HOBLI DEVANAHALLI TALUK - 562 110 BENGALURU RURAL DISTRICT. 1(b). NAGARAJ S/O LATE SUBBARAYAPPA AGED ABOUT 50 YEARS R/AT DEVAGANAHALLI KUNDANA HOBLI DEVANAHALLI TALUK - 562 110 BENGALURU RURAL DISTRICT. 1(c). KRISHNAPPA S/O LATE SUBBARAYAPPA AGED ABOUT 48 YEARS R/AT DEVAGANAHALLI KUNDANA HOBLI DEVANAHALLI TALUK - 562 110 BENGALURU RURAL DISTRICT. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17094 RSA No. 1413 of 2009 1(d). BYREGOWDA S/O LATE SUBBARAYAPPA AGED ABOUT 46 YEARS R/AT DEVAGANAHALLI KUNDANA HOBLI DEVANAHALLI TALUK - 562 110 BENGALURU RURAL DISTRICT. …APPELLANTS (BY SRI. V. ANAND AND SRI. MAHESH H.V., ADVOCATES FOR A1(a); SRI. T K RAJAGOPALA, ADVOCATE FOR A1(b) TO 1(d)) AND: 1. K. KRISHNAPPA S/O KEMPANNA AGED ABOUT 65 YEARS R/A SY.NO.45/1, DODDAGOLLAHALLI, DEVANAHALLI , BANGALORE RURAL DISTRICT. …RESPONDENT (BY SRI. S.V. SRINIVAS, ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 14.07.2009 PASSED IN RA.NO.185/2007 ON THE FILE OF THE PRL. DISTRICT JUDGE, BANGALORE RURAL DISTRICT, BENGALURU , ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 14.11.2007 PASSED IN OS.NO.226/2006 ON THE FILE OF THE CIVIL JUDGE (SR.DN) & JMFC., DEVANAHALLI. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:17094 RSA No. 1413 of 2009 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL JUDGMENT Matter was heard in the morning session. No representation is made on behalf of the appellant during the post lunch session. Learned counsel for the respondent is present. The appeal is dismissed for non prosecution. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 34