- 1 - HC-KAR NC: 2026:KHC:25754 RSA No. 1041 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.1041 OF 2017(SP) BETWEEN: SRI MALLARADHYA S/O LATE SANNAMALLARADHYA AGED ABOUT 48 YEARS RESIDING AT: KURUBALANAHUNDI VILLAGE, TALAKADU HOBLI, T. NARASIPURA TALUK, MYSORE DISTRICT-570 023. …APPELLANT (BY SRI H.S.SOMANATH, ADVOCATE -ABSENT) AND: 1. SMT SWETHA W/O LATE SHYLARADHYA AGED ABOUT 28 YEARS RESIDING AT KURUBALANAHUNDI VILLAGE, TALAKADU HOBLI, T. NARASIPURA TQ. MYSORE DISTRICT – 570 023. 2. SMT. SOWBHAGYAMMA W/O CHANDRASHEKARA ARADHYA AGED ABOUT 69 YEARS RESIDING AT: KURUBALANAHUNDI VILLAGE, TALAKADU HOBLI, T. NARASIPURA TQ. MYSORE DISTRICT – 570 023. Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25754 RSA No. 1041 of 2017 3. SRI. CHANDRASHEKARA ARADHYA S/O MALLARADYA AGED ABOUT 73 YEARS, RESIDING AT: KURUBALANAHUNDI VILLAGE, TALAKADU HOBLI, T. NARASIPURA TQ. MYSORE DISTRICT – 570 023. 4. SRI M. DINESH S/O LATE M MAHADEV AGED ABOUT 53 YEARS RESIDING AT: NO. 80 4TH CROSS, "G" BLOCK RAMAKRISHNANAGAR MYSORE – 570 023. …RESPONDENTS (VIDE ORDER DATED 03.11.2022, APPEAL AGAINST R2 AND R3 DISMISSED FOR DEFAULT; VIDE ORDER DATED 02.06.2026, R1 AND R4 DISMISSED) THIS RSA IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE, AGAINST THE JUDGMENT AND DECREE DATED 7.3.2017 PASSED IN RA NO.207/2015 ON THE FILE OF THE II ADDL. DISTRICT JUDGE, MYSURU, DISMISSING THE APPEAL AND FILED AGAINST THE JUDGMENT AND DECREE DATED 19.8.2015 PASSED IN O.S.NO.62/2007 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, T.NARASIPURA. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 3 - HC-KAR NC: 2026:KHC:25754 RSA No. 1041 of 2017 ORAL ORDER Case called twice. None present on behalf of the petitioner. Process fee is not furnished for issue of notice to respondent Nos.1 and 4, vide order dated 03.11.2022. Appeal is of the year 2017. As such, appeal against respondent Nos.1 and 4 is dismissed. It is also noted that against respondent Nos.2 and 3 appeal is already dismissed for non prosecution. Consequently, the whole appeal stands dismissed for non prosecution. Sd/- (V SRISHANANDA) JUDGE MR List No.: 2 Sl No.: 5