- 1 - HC-KAR NC: 2026:KHC:27632 RSA No. 443 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO.443 OF 2018 (RES) BETWEEN: 1. SRI E M WARUNNY S/O MATHEW AGED ABOUT 83 YEARS 2. SMT.YORDINA WARUNNY W/O E.M.WARUNNY AGED ABOUT 79 YEARS BOTH ARE RESIDING AT EDATHARAPARAMBI ESTATE, MALDARE POST, SIDDAPUR, VIRAJPET TALUK, KODAGU-571 218. …APPELLANTS (A1 AND A2 –ARE ABSENT) AND: SRI E W BETTS S/O E.M.WARUNNY, AGED ABOUT 56 YEARS R/AT BAVA ESTATE, KADAGADAL VILLAGE, MADIKERI TALUK KODAGU DISTRICT – 571 218. …RESPONDENT [VIDE ORDER DATED 14.11.2024 SRI R.VIJAYAKUMAR, ADVOCATE FOR RESPONDENT (VK NOT FILED)] THIS RSA IS FILED UNDER SECTION 100 OF CIVIL PROCEDURE CODE, AGAINST THE JUDGMENT AND DECREE DATED 20.11.2017 PASSED IN R.A.NO.57/2015 ON THE FILE Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27632 RSA No. 443 of 2018 OF THE I ADDITIONAL DISTRICT JUDGE, KODAGU, MADIKERI, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 11.09.2015 PASSED IN OS.NO.21/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE, MADIKERI. 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 appellants. Accordingly, left with no alternative, appeal stands dismissed for non prosecution. Sd/- (V SRISHANANDA) JUDGE MR List No.: 1 Sl No.: 24