- 1 - HC-KAR NC: 2026:KHC:28721 RSA No. 41 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO.41 OF 2017 (PAR) BETWEEN: 1. SMT. POORNIMA K W/O GANGADHAR, D/O K KRISHNA, AGED ABOUT 36 YEARS, 2. SRI MANJESH K S/O K KRISHNAPPA, AGED ABOUT 28 YEARS, BOTH ARE RESIDENT OF VASAVI HIGH SCHOOL, CAMPUS RAILWAY PARALLEL ROAD, SAT EXTENSION, TUMKURU - 571 112. …APPELLANTS (BY SRI. SHANMUKHAPPA, ADVOCATE -ABSENT) AND: 1. SRI. K. KRISHNA S/O KEMPE GOWDA, AGED 63 YEARS, 2. SMT. MAMATHA W/O MANJUNATH, D/O K KRISHNA, AGED 34 YEARS, 3. SMT. MOHAN KUMARI D/O K KRISHNA, AGED 32 YEARS, Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28721 RSA No. 41 of 2017 RESPONDENTS NO.1 TO 3 ARE RESIDENT AT NO.306 SUHEJ FARM ROAD, KANAKAGIRI, VIDYARANYAPURAM, MYSURU - 581 112 4. SRI SHIVANAGOWDA, S/O NARASIMHEGOWDA, AGED 46 YEARS, R/AT LAKSHMIDEVI NILAYA, NO.527, 3RD CROSS, BEHIND CITB CHOULTRY, HEBBA, MYSURU - 581 112. 5. SRI G L SUDARSHAN S/O G LAKSHMANA REDDY, AGED 53 YEARS, NO. 28/1, CUNNINGHAM ROAD, BENGALURU - 560 005. …RESPONDENTS (BY SRI K.R.LINGARAJU, ADVOCATE FOR R5; R1, R2 –SERVED; VIDE ORDER DATED 04.01.23 NOTICE TO R3 IS HELD SUFFICIENT) THIS RSA IS FILED UNDER SECTION 100 OF CIVIL PROCEDURE CODE, AGAINST THE JUDGMENT AND DECREE DATED 28.07.2016 PASSED IN RA NO.3/2013 ON THE FILE OF THE VII ADDL. DISTRICT JUDGE, MYSURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 19.10.2012 PASSED IN O.S.NO.1295/2007 ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE, MYSORE. THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 3 - HC-KAR NC: 2026:KHC:28721 RSA No. 41 of 2017 ORAL JUDGMENT Call called twice. None appears for the appellants. Appeal is of the year 2017. Suit is one for decree under challenge is arising out of the suit for partition and separate possession, wherein the learned Trial Judge and learned First Appellate Judge after due adjudication, has dismissed the suit of the plaintiffs. Taking note of the same, appeal stands dismissed for non prosecution. Sd/- (V SRISHANANDA) JUDGE MR List No.: 1 Sl No.: 34