- 1 - HC-KAR NC: 2026:KHC:11354-DB RFA No. 2110 of 2012 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE T.M.NADAF REGULAR FIRST APPEAL NO. 2110 OF 2012 (DEC/INJ) BETWEEN: SRI. D.NAGARAJ S/O LATE DEVAPPA AGED ABOUT 73 YEARS, NO.1, 3RD CROSS, 1ST MAIN, SOMESWARNAGAR, BANGALORE - 560 011. …APPELLANT [BY SRI. RAGHAVENDRA K., ADVOCATE (ABSENT)] AND: SRI. D.SHIVANNA, SINCE DEAD BY LR’S 1(a) SMT. SAVITHRAMMA W/O LATE D.SHIVANNA, AGED ABOUT 70 YEARS, 1(b) DEVARAJU S/O LATE D.SHIVANNA, AGED ABOUT 50 YEARS, 1(c) SMT. GNANESHWARI D/O LATE D.SHIVANNA, AGED ABOUT 48 YEARS, 1(d) SMT. KOMAL.S S/O LATE D.SHIVANNA, AGED ABOUT 46 YEARS, Digitally signed by KAVYA G Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:11354-DB RFA No. 2110 of 2012 1(e) SMT. VANAJAKSHI.S D/O LATE D.SHIVANNA, AGED ABOUT 44 YEARS, 1(f) MADANKUMAR.S S/O LATE D.SHIVANNA, AGED AVOUT 46 YEARS, ALL ARE R/AT: NO.56, 1ST MAIN, ‘A’ CROSS, BYATARAYANAPURA NEW EXTENSION, MYSORE ROAD, BENGALURU-560 026. …RESPONDENTS [BY SMT. SUKANYA H.D., ADVOCATE FOR R1(a TO d) AND R1(f); SRI. R ATHMANANDA, ADVOCATE FOR R1(e)] THIS RFA IS FILED U/SEC.96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 20.09.2012 PASSED IN O.S.NO.499/2008 ON THE FILE OF X-ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING THE SUIT FOR DECLARATION, POSSESSION, MANDATORY INJUNCTION AND PERMANENT INJUNCTION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE T.M.NADAF - 3 - HC-KAR NC: 2026:KHC:11354-DB RFA No. 2110 of 2012 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) No one appears despite the matter being called out twice. The appeal is dismissed for non-prosecution. Interim order, if any, stands vacated. Sd/- (JAYANT BANERJI) JUDGE Sd/- (T.M.NADAF) JUDGE KG List No.: 1 Sl No.: 29