- 1 - HC-KAR NC: 2026:KHC:25599 RSA No. 2323 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 2323 OF 2017 (DEC/INJ) BETWEEN: 1. LAKSHMAMMA D/O VENKATARAVANAPPA SINCE DEAD BY LRS VENKATESH BABU S/O ERANNA R/AT KODLAPURA VILALGE MADHUGIRI TALUK TUMKUR DISTRICT-572101. 2. MAHALAKSHMAMMA D/O ERANNA AGED ABOUT 54 YEARS R/AT KODLAPURA VILLAGE MADHUGIRI TALUK TUMKUR DISTRICT-572101. …APPELLANTS (BY SRI. HARISH .H.V, ADVOCATE) AND: 1. HANUMANTHARAYAPPA S/O LATE CHINNAHANUMANAIKA SINCE DEAD BY LRS LAKSHMAMMA W/O LATE HANUMANTHARAYAPPA AGED ABOUT 73 YEARS Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25599 RSA No. 2323 of 2017 2. NARASIMHAPPA S/O LATE HANUMANTHARAYAPPA AGED ABOUT 73 YEARS 3. K.H. NAGARAJU S/O LATE HANUMANTHARAYAPPA SINCE DEAD Y LRS SHARADAMMA S/O LATE K.H.NAGARAJU AGED AOUT 40 YEARS 4. K.H. SUNIL S/O LATE K.H. NAGARAJU AGED ABOUT 15 YEARS 5. K.H. PUNITH S/O LATE K.H. NAGARAJU AGED ABOUT 13 YEARS R4 AND R5 ARE MINORS REP BY THEIR MOTHER-NATURAL GUARDIAN SMT. SHARADAMMA W/O LATE K.H.NAGARAJU R1 TO R5 ARE R/AT GANGASANDRA, HOSUR HOBLI GOWRIBIDANUR TALUK TUMKUR DISTRICT-572 101. 6. LAKSHMAMMA D/O LATE HANUMANTHARAYAPPA AGED ABOUT 52 YEARS GANGASANDRA, HOSUR HOBLI GOWRIBIDANUR TALUK TUMKUR DISTRICT-572101. 7. LAKSHMINARASAMMA W/O GANGADHARAPPA AGED ABOUT 49 YEARS R/AT GANGASANDRA, HOSUR HOBLI - 3 - HC-KAR NC: 2026:KHC:25599 RSA No. 2323 of 2017 GOWRIBIDANUR TALUK TUMKUR DISTRICT-572101. …RESPONDENTS (BY SRI. KASHYAP N. NAIK, ADVOCATE FOR C/R1 TO R7) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 21.9.2017 PASSED IN RA NO.5011/2016 ON THE FILE OF THE 4TH ADDL. DISTRICT AND SESSIONS JUDGE, MADHUGIRI, DISMISSING THE APPEAL AND FILED AGAINST THE JUDGMENT AND DECREE DATED 5.4.2014 PASSED IN OS NO.248/2008 ON THE FILE OFT HE PRL. CIVIL JUDGE AND JMFC, MADHUGIRI, TRIAL COURT DECREED THE SUIT. APPELLATE COURT DISMISSED THE APPEAL. THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT This Court vide order dated 19.03.2021 directed to file the paper books. Till today, the paper books are not filed. The appeal is of the year 2017. 2. Accordingly, the appeal stands dismissed for non-prosecution. Sd/- (V SRISHANANDA) JUDGE NBM List No.: 2 Sl No.: 13