- 1 - HC-KAR NC: 2026:KHC:30275 RSA No. 2726 of 2011 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.2726 OF 2011 (DEC/INJ) BETWEEN: 1. 1(a) H.N. NANJUNDAIAH, S/O LATE NANJE GOWDA, SINCE DEAD BY LRS. SMT. MARAMMA, W/O LATE H.N. NANJUNDAIAH, AGED ABOUT 70 YEARS. 1(b) BASAVARAJU, S/O LATE H.N. NANJUNDAIAH, AGED ABOUT 55 YEARS. 1(c) SRIKANTHA H.N., S/O LATE H.N. NANJUNDAIAH, AGED ABOUT 53 YEARS. 1(d) MARAPPA, S/O LATE H.N. NANJUNDAIAH, AGED ABOUT 51 YEARS. ALL ARE R/AT HALLIDIDDI VILLAGE, CHIKKAIANA CHATRA HOBLI, NANJANGUD TALUK. …APPELLANTS (BY SRI. KRISHNAMOORTHY D., ADVOCATE VIDE ORDER DATED 04.11.2025, APPEAL IS ABATED AGAINST APPELLANT NOS.1(a) to 1(c) Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30275 RSA No. 2726 of 2011 AND: 1. KEMPARAJE GOWDA, S/O LATE NANJE GOWDA, AGED ABOUT 68 YEARS. 2. SMT. NANJAMMA, W/O KEMPARAJE GOWDA, AGE: MAJOR. BOTH ARE R/AT HALLIDIDDI VILLAGE, CHATHARA HOBLI, NANJANAGUD TALUK. …RESPONDENTS (BY SRI. K. SHRIDHAR, ADVOCATE FOR R1 AND R2; VIDE ORDER DATED 04.11.2025, APPEAL IS ABATED AGAINST R1 AND R2) THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 06.10.2010 PASSED IN R.A.NO.16/2007 ON THE FILE OF THE SENIOR CIVIL JUDGE, NANJANGUD, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 08.02.2007 PASSED IN O.S.NO.122/2003 ON THE FILE OF THE ADDL. CIVIL JUDGE (JR.DN), NANJANGUD. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT On 04.11.2025, the appeal was abated against appellant Nos.1(a) to 1(c) and so also against respondent Nos.1 and 2 and posted the matter to hear on maintainability. Now the learned counsel for the appellants submits that the appellants - 3 - HC-KAR NC: 2026:KHC:30275 RSA No. 2726 of 2011 are not pursuing the matter in view of appeal is abated in respect of appellant Nos.1(a) to 1(c) and so also respondent Nos.1 and 2. Hence, the appeal is dismissed as not maintainable. Sd/- (H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 12