- 1 - HC-KAR NC: 2026:KHC:27860 RSA No. 80 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 80 OF 2017 (DEC/INJ) BETWEEN: SRI. SHAIK AJMAL PASH, S/O. SHAIK MOHAMMED,AGED ABOUT 56 YEARS, PROP. LOTUS ENTERPRISES, 11TH CROSS, POOR HOUSE COLONY, TUMKURU-572 101, NOW RESIDENT OF N. K. WOOD INDUSTRIES, OLD ELECTRIC COLONY, BAR LINE, TUMKURU-572 101, …APPELLANT (BY SRI M B RYAKHA, N S SRINIVAS MURTHY & SUNIL KUMAR P BANGARI, ADVOCATES) AND: 1. SMT H.G. LEELAVATHAMMA W/O LATE T.G.M. ARADHYA,AGED ABOUT 77 YEARS, 2. SRI ARJUN S/O LATE T.G.M. ARADHYA,AGED ABOUT 53 YEARS, 3. SRI ARUN S/O. LATE T.G.M. ARADHYA,AGED ABOUT 51 YEARS, 4. SRI ALLAMAPRABHU S/O LATE T.G.M. ARADHYA,AGED ABOUT 49 YEARS, 5. SRI RAVI, S/O. LATE T.G.M. ARADHYA,AGED ABOUT 46 YEARS, RESPONDENT NO. 1 TO 5 ARE RESIDENT OF K.R. EXTENSION, Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27860 RSA No. 80 of 2017 2ND CROSS, TUMKURU-572 102. …RESPONDENTS (BY SRI G S PRASANNA KUMAR, ADVOCATE FOR R1 & R2, NOTICE TO R3 IS SERVED AND UNREPRESENTED, V/O/DT 15.12.2017 NOTICE TO R4 & R5 ARE H/S) THIS RSA IS FILED U/S. 100 OF CPC.,AGAINST THE JUDGMENT AND DECREE DATED 13.04.2016 PASSED IN RA NO. 40/2009 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE CJM TUMAKURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED25.02.2009 PASSED IN OS NO. 70/2000 ON THE FILE OF THE PRL. CIVIL JUDGE (JR. DN.) JMFC TUMAKURU. THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT None appears for the appellant. Paper books not filed despite orders dated 12.08.2025 and 03.09.2025. Accordingly, appeal stand dismissed for non-prosecution. Sd/- (V SRISHANANDA) JUDGE BRN List No.: 1 Sl No.: 8