- 1 - HC-KAR NC: 2026:KHC:28453 RSA No. 1265 of 2007 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.1265 OF 2007 (DEC/INJ) BETWEEN: 1. NINGESHAPPA S/O HANUMANTHAPPA AGED ABOUT 61 YEARS R/AT HINDASGATTA VILLAGE HARIHAR TALUK-577 002 …APPELLANT (BY SRI. B K MANJUNATH, ADVOCATE) AND: 1. NAGAMMA CLAIMING TO BE WIFE OF LATE NANDYAPPA AGED ABOUT 68 YEARS R/AT BYALADAHALLI HARIHAR TALUK-577 002 …RESPONDENT (BY SRI. DHIRAJ KUMAR, ADVOCATE) THIS RSA IS FILED U/S 100 OF CPC, AGAINST THE JUDGEMENT AND DECREE DATED 17.03.2007 PASSED IN RA.NO.13/2004 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AND MACT, HARIHAR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED 30.01.2004 PASSED IN OS.NO.110/2002 ON THE FILE OF THE CIVIL JUDGE (JR.DN.) AND JMFC, HARIHAR. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28453 RSA No. 1265 of 2007 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT In view of submission of learned counsel for the appellant made on 02.04.2025 that he is unable to contact the appellant, this Court has issued notice against the appellant. Further, an endorsement was received by this Court that notice was served on the appellant on 19.04.2025 personally. In the meanwhile, a report has also been received by the Prl.District and Sessions Judge, Davangere stating that the notice was served on appellant and it is held sufficient. Inspite of issuance of notice to the appellant by the Court, he is not pursuing the matter diligently. 2. Learned counsel for the appellant on record files a memo for retirement. In view of the Court notice issued against the appellant and the very same submission is made by the counsel on 02.04.2025, filing of memo for retirement by the counsel need not be necessary and the - 3 - HC-KAR NC: 2026:KHC:28453 RSA No. 1265 of 2007 said memo is taken on record and he is permitted to retire from the case. 3. In view of not pursuing the matter by the appellant in spite of issuance of Court notice, the regular second appeal stands dismissed. Sd/- (H.P.SANDESH) JUDGE SSD List No.: 1 Sl No.: 13