- 1 - HC-KAR NC: 2026:KHC:26528 RSA No. 517 of 2010 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.517 OF 2010 (PAR) BETWEEN: 1. SRI. GOVINDAPPA, S/O VENKATARAMANAPPA, AGED ABOUT 58 YEARS, RESIDING AT OLAGEREPURA VILLAGE, SULIBELE HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT-562114 …APPELLANT (BY SRI. M. JAIPRAKASH REDDY, ADVOCATE - ABSENT) AND: 1. SRI. UTHANALLAPPA, S/O CHIKKAMUNISWAMAPPA, AGED ABOUT 57 YEARS, RESIDING AT OLAGEREPURA VILLAGE, SULIBELE HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT-562114. …RESPONDENT (BY SRI. P.M.SIDDAMALLAPPA, ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 30.11.2009 PASSED IN R.A.NO.10/2003 ON THE FILE OF THE PRESIDING OFFICER AND SESSIONS JUDGE, FAST TRACK COURT-II, BENGALURU RURAL DISTRICT, BENGALURU, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26528 RSA No. 517 of 2010 DATED13.12.2002 PASSED IN O.S.NO.166/1995 ON THE FILE OF THE CIVIL JUDGE (JR.DN) AND JMFC, HOSAKOTE. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT The learned counsel for the appellant is absent. This appeal is of the year 2010 and inspite of elapse of 16 years, the learned counsel for the appellant is not pursuing the matter diligently. The learned counsel for the appellant sought time on 08.01.2026 and even undertook to address the arguments on the next date of hearing without fail. When the matter had come up before the Court on 22.01.2026, the proxy counsel for the appellant sought time on the ground that father-in-law of the counsel on record has expired. On 24.02.2026, the learned counsel for the appellant was absent and no representation. When the matter was once again listed on 17.04.2026, the learned counsel for the appellant sought time. 2. Today there is no representation on behalf of the appellant even though the matter is listed on several occasions before this Court in this year. Inspite of giving an undertaking - 3 - HC-KAR NC: 2026:KHC:26528 RSA No. 517 of 2010 to positively argue the matter, the learned counsel for the appellant is not pursuing the matter diligently. Hence, I do not find any ground to adjourn the matter and even at 3.45 p.m. there is no representation and hence, the second appeal is dismissed for non-prosecution. Sd/- (H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 64