- 1 - HC-KAR NC: 2026:KHC:30521 RSA No. 1914 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1914 OF 2017 (DEC/INJ) BETWEEN: SRI. K. BYRE GOWDA S/O MUNIKRISHNAPPA AGED ABOUT 44 YEARS R/A CHEEDACHIKKANAHALLI VILLAGE NANDI HOBLI, CHIKKABALLAPUR TALUK & DISTRICT - 562 101. …APPELLANT (BY SRI. T.K. RAJAGOPALA, ADVOCATE (ABSENT)) AND: 1. SRI. THIMMARAYAPPA S/O AKKACHAPPA AGED ABOUT 67 YEARS R/A CHEEDACHIKKANAHALLI VILLAGE, NANDI HOBLI, CHIKKABALLAPUR TALUK, CHIKKABALLAPUR DISTRICT - 562 101. 2. SMT. CHANNAMMA W/O THIMMARAYAPPA AGED ABOUT 64 YEARS R/A CHEEDACHIKKANAHALLI VILLAGE, NANDI HOBLI, CHIKKABALLAPUR TALUK, CHIKKABALLAPUR DISTRICT - 562 101. 3. SRI. KRISHNAPPA S/O MUNISHAMAPPA AGED ABOUT 65 YEARS R/A CHEEDACHIKKANAHALLI VILLAGE, NANDI HOBLI, CHIKKABALLAPUR TALUK, CHIKKABALLAPUR DISTRICT - 562 101. Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30521 RSA No. 1914 of 2017 4. SRI. MURTHY S/O KRISHNAPPA AGED ABOUT 40 YEARS R/A CHEEDACHIKKANAHALLI VILLAGE, NANDI HOBLI, CHIKKABALLAPUR TALUK, CHIKKABALLAPUR DISTRICT - 562 101. 5. SRI. SRINIVAS S/O THIMMARAYAPPA AGED ABOUT 41 YEARS R/A BANNIKUPPE VILLAGE NANDI HOBLI, AGALAGURKI POST CHIKKABALLAPUR TALUK, CHIKKABALLAPUR DISTRICT - 562 101. 6. SRI. BYATARAYAPPA S/O LATE KEMPANNA AGED ABOUT 55 YEARS R/O CHEEDACHIKKNAHALLI VILLAGE, NANDI HOBLI, CHIKKABALLAPUR TALUK CHIKKABALLAPUR DISTRICT - 562 101. …RESPONDENTS (BY SRI. S.A. SUDHINDRA, ADVOCATE FOR R2 TO R5; VIDE ORDER DATED 09.06.2026, APPEAL STANDS DISMISSED AS AGAINST R1) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 28.4.2017 PASSED IN RA NO.53/2012 ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE AND JMFC, CHICKBALLAPUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 31.1.2012 PASSED IN OS NO.186/2008 ON THE FILE OF THE ADDL. CIVIL JUDGE AND JMFC, CHIKKABALLAPUR. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:30521 RSA No. 1914 of 2017 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER None appears for the appellant. Present second appeal is filed by the unsuccessful plaintiff No.2 who sued for relief of permanent injunction which got dismissed in O.S.No.186/2008 which was confirmed by the First Appellate Court in RA No.53/2012 in respect of agricultural land in Sy.No.46 measuring 3 guntas. There is a delay of 39 days in filing the appeal. In the absence of learned counsel for the appellant, taking note of the fact that appeal is of the year 2017, appeal stands dismissed for non prosecution. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 38