- 1 - HC-KAR NC: 2026:KHC:28349 RSA No. 2341 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO.2341 OF 2017 (PAR) BETWEEN: SRI. H.G. MEGHARAJ, S/O GOPALSHEREGAR, AGED ABOUT 35 YEARS, RESIDING AT HILIKERE, VATAGAR VILLAGE, THIRTHAHALLI TALUK- 577 432. …APPELLANT (BY SRI. PRAVEEN HEGDE.,ADVOCATE (ABSENT)) AND: 1. SRI. A.G NARAYANA S/O GOPALASHEREGAR AGED ABOUT 61 YEARS, R/AT DEVANGI, DEVANGI POST, THIRTHAHALLI TALUK – 577 432. 2. A.G KARUNAKARA S/O GOPALASHEREGAR AGED ABOUT 65 YEARS, 3. SMT. LAXMI W/O KRISHNAPPA, AGED ABOUT 67 YEARS, RESPONDENT NOS.2 AND 3 ARE R/AT HILIKERE, VATAGAR VILLAGE, THIRTHAHALLI TALUK, Digitally signed by VIJAYALAKSHMI B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28349 RSA No. 2341 of 2017 SHIMOGA DISTRICT- 577 432. …RESPONDENTS (BY SRI.D.P.PRASANNA.,ADVOCATE FOR R1, R2,R3-SERVED) THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 21.06.2017 PASSED IN RA.NO.04/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, THIRTHAHALLI, PARTLY ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND DECREE DATED 08.11.2013 PASSED IN O.S.NO. 176/2004 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, THIRTHAHALLI AND ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT None appears for the appellant. 2. Even on the last date of hearing, there was no representation on behalf of the appellant. In the interest of justice, as a last chance, this Court listed the matter for admission today after condoning the delay of 37 days in filing the appeal suo moto. 3. Suit is one for partition and the appeal is filed by defendant No.4. - 3 - HC-KAR NC: 2026:KHC:28349 RSA No. 2341 of 2017 4. Learned counsel for contesting respondents opposes for grant of further time. Noting the fact that the appeal is pending for admission since 2017 and what has been declared is only shares, and challenge is in respect of preliminary decree appeal stands dismissed for non- prosecution. SD/- (V SRISHANANDA) JUDGE GSR List No.: 1 Sl No.: 74