- 1 - HC-KAR NC: 2026:KHC:10464 MSA No. 54 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE MISCELLANEOUS SECOND APPEAL NO. 54 OF 2025 (RO) BETWEEN: A BALAKRISHNE GOWDA, SON OF LATE ANKE GOWDA, AGED ABOUT 70 YEARS, THELLANURU VILLAGE AND POST, PALYA HOBLI, KOLLEGALA TALUK, CHAMARAJANAGARA DISTRICT - 571440. …APPELLANT (BY SMT H C LOKESHWARI, ADVOCATE) AND: 1. SRI M MAHADEVEGOWDA @ APPAJI, AGED ABOUT 48 YEARS, RESIDING AT YEDAMARANAHALLY VILLAGE , UYYAMBALLY HOBLI KANAKAPURA TALUK, RAMANAGARA DISTRICT - 562159. 2. SRI M PUTTEGOWDA, AGED ABOUT 46 YEARS, RESIDING AT CHIKKALURU VILLAGE, THELLANURU POST, PALYA HOBLI, KOLLEGALA TALUK, CHAMARAJANAGARA DISTRICT - 571440. 3. SRI M GOVINDA, AGED ABOUT 44 YEARS, RESIDING AT JAKKEGOWDANA DODDI VILLAGE, UYYAMBALLI HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT - 562159. Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10464 MSA No. 54 of 2025 SRI SHAMBULNGE GOWDA, SINCE DEAD BY LRS 4. SMT VASANTHA, AGED ABOUT 54 YEARS, WIFE OF T N SHAMBULINGEGOWDA, 5. SMT JYOTHI, AGED ABOUT 50 YEARS, WIFE OF RAVI, DAUGHTER OF SHAMBULINGEGOWDA, RESIDING AT II MAIN, 2ND CROSS, BAPUJI NAGARA, MURUTHINAGARA, BENGALURU. 6. SRI SANTHOSH, AGED ABOUT 38 YEARS, SON OF SHAMBULINGEGOWDA, 4 AND 6 ARE RESIDING AT THELLANURU VILLAGE, PALYA HOBLI, KOLLEGALA TALUK, CHAMARAJANAGARA DISTRICT -571440. 7. SMT SOWMYA T N, W/O PRAKASH M H, AGED ABOUT 36 YEARS, DAUGHTER OF SHAMBULINGE GOWDA, R/O MANGADAHALLI VILLAGE, VIRUPAKSHIPURA HOBLI, CHENNAPATNA TALUK, RAMANAGARA DISTRICT - 562160. HUCHEGOWDA (DEAD) BY LR'S 8. GEETA, W/O HUCHEGOWDA, AGED ABOUT 44 YEARS, 9. KRISHNAPRASAD, S/O LATE HUCHEGOWDA, AGED ABOUT 42 YEARS, - 3 - HC-KAR NC: 2026:KHC:10464 MSA No. 54 of 2025 10. VEDHAVATHI, D/O LATE HUCHEGOWDA, AGED ABOUT 18 YEARS, ALL ARE R/AT THELLANUR VILLAGE, PALYA HOBLI, KOLLEGAL TALUK, CHAMRAJANAGAR DISTRICT - 571440. 11. SMT SHANTAMMA, W/O VEERANNAGOWDA @ S M CHANDRASHEKAR, D/O LATE P NANJAPPA GOWDA, AGED ABOUT 50 YEARS RESIDING AT SHETTYKERE DODDI UYYAMBALLY HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT - 562117. 12. SMT SUMITHRA, W/O RAJANNA, D/O LATE P NANJAPPA GOWDA, AGED ABOUT 50 YEARS, RESIDING AT THELLANURU VILLAGE, PALYA HOBLI, KOLLEGALA TALUK, CHAMARAJANAGARA DISTRICT - 571440. MADEGOWDA (DEAD BY LRS) 13. SMT RADHA W/O LATE MADEGOWDA AGED ABOUT 48 YEARS 14. SRI CHETHAN, S/O LATE MADEGOWDA, AGED ABOUT 28 YEARS, 15. SMT ASHWINI, D/O LATE MADEGOWDA, AGED ABOUT 25 YEARS, - 4 - HC-KAR NC: 2026:KHC:10464 MSA No. 54 of 2025 RESPONDENTS NO.13 TO 15 ARE RESIDING AT VOKKALIGARA STREET VENKATAIAHNA CHATRA. HOSURU VILLAGE, CHAMARAJANAGARA TALUK AND DISTRICT. 16. SMT VIJAYA @ VIJAYALAKSHMI, W/O LATE RUDRASWAMY, AGED ABOUT 46 YEARS, RESIDING AT THELLANURU VILLAGE, PALYA HOBLI, KOLLEGALA TALUK. CHAMARAJANAGARA DISTRICT - 571313. 17. SMT HOMBALAMMA W/P BALAKRISHNE GOWDA AGED ABOUT 65 YEARS RESIDING AT THELLANURU VILLAGE PALYA HOBLI, KOLLEGALA TALUK CHAMARAJANAGARA DISTRICT - 571313. 18. SRI RAVI, S/O LATE YASHODAMMA, AGED ABOUT 42 YEARS, RESIDING AT NO.140/32, 9TH MAIN, 4TH BLOCK NANDINI LAYOUT, BANGALORE - 96. 19. SMT SUDHA, D/O LAT YADHODAMMA, AGED ABOUT 40 YEARS C/O SRI RAVI, RESIDING AT NO.140/32, 9TH MAIN, 4TH BLOCK, NANDINI LAYOUT, BANGALORE - 560096. SMT MURTHAMMA W/O LATE PUTTASWAMY GOWDA, SINCE DEAD BY LRS 20. SMT MEENAKSHI, - 5 - HC-KAR NC: 2026:KHC:10464 MSA No. 54 of 2025 WIFE OF NAGARAJU, R/O THELLANURU VILLAGE PALYA HOBLI, KOLLEGALA TALUK CHAMARAJANAGARA DISTRICT - 571313. 21. SMT SAVITHRI, WIFE OF SRI KRISHNAPPA, R/O THELLANURU VILLAGE PALYA HOBLI, KOLLEGALA TALUK CHAMARAJANAGARA DISTRICT - 571313. 22. SMT KANTHAMMA, W/O MUTHE GOWDA, AGED ABOUT 60 YEARS, RESIDING AT DODDINDUVADI VILLAGE PALYA HOBLI, KOLLEGALA TALUK CHAMARAJANAGARA DISTRICT- 571313. …RESPONDENTS THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 29.10.2021 PASSED IN RA No.29/2014 ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHAMARAJANAGARA (SITTING AT KOLLEGALA) PARTLY ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 15.10.2014 PASSED IN OS No.9/2006 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, KOLLEGALA. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE - 6 - HC-KAR NC: 2026:KHC:10464 MSA No. 54 of 2025 ORAL JUDGMENT This case was listed on 12.02.2026 for non-compliance of office objections. Vide order dated 12.02.2026, this Court granted a week's time to remove office objections and further directed the matter to be listed under the caption 'dismissal' in case of non-compliance of office objections. 2. Today the case is listed under the caption 'dismissal'. 3. There is no representation on behalf of the appellant in the morning session as well as in the afternoon session. 4. Accordingly, the appeal is dismissed for non- prosecution. Sd/- (ANANT RAMANATH HEGDE) JUDGE GVP List No.: 1 Sl No.: 45