- 1 - HC-KAR NC: 2026:KHC:29414 RSA No. 594 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 594 OF 2020 (DEC/INJ) BETWEEN: 1. SMT.LEELAVATHI, AGED ABOUT 72 YEARS, D/O LATE SMT.PADMAVATHI, ANGADI MANE, 10TH THOKUR, POST:THOKUR, HALEANGADY - 574 146, MANGALORE TALUK, D.K. DISTRICT. BY HER SON AND G.P.A. HOLDER SRI.DHANANJAY MOOLYA. (SINCE DECEASED BY LR) (V/O DATED 08.07.2024 A5 IS THE LR OF DECEASED A1) 2. SRI. VASU CHAMPA BANGERA, AGED ABOUT 89 YEARS, S/O LATE VAMANA MOOLYA, SATYADARSHAN CO-OPERATIVE HOUSING SOCIETY, MALPHADONGRI HILL, ANDHERI EAST - 400 069, MUMBAI. (SINCE DECEASED BY LR'S) (V/O DATED 08.07.2024 DECEASED A2 IS REPRESENTED BY LR'S 2(a) TO 2(c) 2(a) SMT.SAROJINI, W/O LATE VASU CHAMPA BANGERA, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:29414 RSA No. 594 of 2020 AGED ABOUT 73 YEARS, 2(b) SURAJ VASU BANGERA, S/O LATE VASU CHAMPA BANGERA, AGED ABOUT 47 YEARS, 2(c) SMT.SONALI VASU BANGERA, D/O LATE VASU CHAMPA BANGERA, AGED ABOUT 42 YEARS, ALL ARE RESIDING AT A-3-19, SATHYA DARSHAN CHS, MALPA HILL NO.3, BEHIND PAPER BOX, ANDHERI EAST, MUMBAI - 400 093, MAHARASHTRA. 3. SMT. SEETHARATNA MOOLYA, AGED ABOUT 64 YEARS, D/O LATE PADMAVATHI MOOLYA, "SKANDA NIVAS", ANGADI MANE, 10TH THOKUR, HALEANGADY POST - 574 146, MANGALORE TALUK, D.K. DISTRICT. 4. SMT.SHASHIREKHA SHRIYAN, AGED ABOUT 46 YEARS, D/O LEELAVTHI MOOLYA, ROYAL PARK BUILDING, NO.E5, FLAT NO.502, AMBARNATH EAST - 421 506, THANE DISTRICT. 5. SRI. DHANANJAY MOOLYA, AGED ABOUT 44 YEARS, - 3 - HC-KAR NC: 2026:KHC:29414 RSA No. 594 of 2020 S/O LEELAVATHI MOOLYA, MAYFLOWER GARDEN, CARNATION BUILDING, FLAT NO.606, AMBARNATH EAST, THANE DISTRICT, MAHARASTRA. 6. SMT. ASHWINI R MOOLYA, AGED ABOUT 33 YEARS, D/O SEETHARATHNA MOOLYA, CGHS COLONY, TYPE B SPECIAL BUILDING NO.55, GHATKOPAR WEST, MUMBAI. 7. SRI. KARAN SHRIYAN, AGED ABOUT 19 YEARS, S/O SHASHIREKHASHRIYAN, ROYAL PARK BUILDING, NO.E5, FLAT NO.502, AMBARNATH EAST - 421 506, THANE DISTRICT. …APPELLANTS (BY SRI. CHANDRANATH ARIGA K., ADVOCATE) AND: 1. SRI. VAMANA MOOLYA, AGED ABOUT 59 YEARS, S/O LAXMI, "LAXMI MUTTU MANE", SHRI KURAMBA TEMPLE ROAD, KALBAVI, KOTTARA, MANGALORE - 575 006, D.K. DISTRICT. 2. SRI. GANESH B @ GANESH BANJAN, AGED ABOUT 69 YEARS, S/O LATE POOVAPPA BANGERA @ - 4 - HC-KAR NC: 2026:KHC:29414 RSA No. 594 of 2020 POOVABANGERA, NANDANPURA, NEAR AKASHA BHAVAN, KAVOOR POST - 575 015, MANGALORE. …RESPONDENTS (A5 IS THE LRS OF DECEASED A1 VIDE ORDER DATED 08.07.2024; R1 AND R2 SERVED) THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 16.12.2019 PASSED IN RA.NO.58/2016 ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE, D.K. MANGALURU DISMISSING THE APPEAL AND FILED AGAINST THE JUDGMENT AND DECREE DATED 25.07.2016 PASSED IN OS.NO.158/2015 ON THE FILE OF THE ITINERATE SENIOR CIVIL JUDGE, MOODBIDRE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Paper Book not filed. Appeal stands dismissed for non-prosecution. Sd/- (V SRISHANANDA) JUDGE BSV/List No.: 1 Sl No.: 17