- 1 - HC-KAR NC: 2026:KHC:30835 RFA No. 454 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REGULAR FIRST APPEAL NO. 454 OF 2021 (PAR) BETWEEN: 1. M GANESH S/O. LATE D M MUNIYAPPA, AGED 68 YEARS, R/AT NO.809, 5TH MAIN, 6TH CROSS, M.C.LAYOUT, VIJAYANAGAR, BANGALORE – 560 040. …APPELLANT (BY SRI. GANESH, APPELLANT/PARTY-IN-PERSON)(ABSENT) AND: 1. VIJAYALAKSHMI W/O DR. B.L.JAYARAM, AGED 72 YEARS, R/AT NO.809, VI CROSS, V MAIN, MAGADI ROAD, VIJAYANAGAR, BANGALORE – 560 040. 2. M RAMASWAMY SINCE DECEASED BY LRS., SMT NIRMALA, W/O LATE DR M RAMASWAMY, AGED 71 YEARS, Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30835 RFA No. 454 of 2021 3. DR RAHUL S/O LATE DR M R RAMASWAMY, AGED ABOUT 42 YEARS, 4. ASHWIN S/O LATE DR M RAMASWAMY, AGED 39 YEARS, RESPONDENTS NO 2 TO 4 RESIDING AT NO.143, UAS LAYOUT, RMV IIND STAGE, SANJAYANAGAR, BANGALORE – 560 094. 5. SMT SHARADAMMA BY LRS B V SRINIVAS, S/O LATE B VENKATARAMAIAH, AGED ABOUT 70 YEARS, R/AT NO.1230, 15TH MAIN, B T M LAYOUT, IIND STAGE, BANGALORE – 560 076. 6. B V SHIVASHANKAR S/O LATE B.VENKATARAMAIAH, AGED 68 YEARS, R/AT NO.1926/A, IIIRD CROSS, PRASHANTHANAGAR, VIJAYANAGAR NORTH, BANGALORE – 560 079. 7. B V HEMALATHA W/O LATE MUNISWAMY GOWDA, AGED 64 YEARS, R/AT NO.53, 10 CROSS, MARIYAPPANAPALYA, MASIDI BLOCK, BANGALORE – 560 021. - 3 - HC-KAR NC: 2026:KHC:30835 RFA No. 454 of 2021 8. B V NARAYANA S/O LATE V VENKATARAMAIAH, AGED 66 YEARS, R/AT KRS AGRAHARA KUNIGAL TOWN, AND ALSO AT C/O VENKATESWARA CLINIC, KUNIGAL, TUMKUR DISTRICT. 9. B V MAHALAKSHMI W/O JAYARAM, AGED 60 YEARS, R/AT NO.376, 4TH “B” CROSS, 3RD STAGE, 5TH BLOCK, BANASHANKARI, BANGALORE – 560 085. 10. 10(a) 10(b) B V GAYATHRI W/O M GANESH, AGED 58 YEARS, R/AT NO.809 (OUT HOUSE) 5TH MAIN, VI CROSS, MAGADI ROAD, VIJAYANAGAR, BANGALORE – 560 040. SINCE DECEASED BY LRS SATHISH KEMPAIAH S/O KEMPAIAH AGED 48 YEARS (SON-IN-LAW OF LATE B.V.GAYATHRI) ANUDEEP GOWDA S/O SATHISH KEMPAIAH AGED 6 YEARS REPRESENTED BY HIS MINOR GUARDIAN RESPONDENT NO.10(b) (GRAND SON OF LATE B.V.GAYATHRI) - 4 - HC-KAR NC: 2026:KHC:30835 RFA No. 454 of 2021 RESPONDENT NO 10(a) & (b) RESIDING AT NO S-500, 9TH CROSS, 9TH MAIN BHARATHNAGAR-2ND STAGE BANGALORE – 560 091. 11. B V UMESH S/O LATE B VENKATARAMAIAH, AGED 60 YEARS, R/AT NO.101, 3RD CROSS, KAVERI LAYOUT, BANGALORE – 560 040. 12. 12(a) 12(b) 12(c) 12(d) 12(e) SMT ALUMELAMMA W/O LATE H. HEMANNA, AGED 86 YEARS, R/AT NO. 3091, 1ST CROSS, GAYATHRINAGAR, BANGALORE – 560 021. SINCE DECEASED BY LRS SMT. SARASWATHI W/O LATE B.H.MURALIDHARA AGED 56 YEARS HEMANTHA KUMAR M S/O LATE B.H.MURALIDHARA AGED 32 YEARS BHARATH KUMAR M S/O LATE B.H.MURALIDHARA AGED 28 YEARS SMT. B.H.KUMUDA W/O SHIVARUDRAIAH AGED 66 YEARS SMT. B.H.SOWBHAGYALAKSHMI W/O MOHAMMED ARIEF - 5 - HC-KAR NC: 2026:KHC:30835 RFA No. 454 of 2021 12(f) AGED 63 YEARS B.H.RAJU S/O LATE H.HEMANNA AGED 58 YEARS RESPONDENTS NO 12(a) TO (f) RESIDING AT NO.3091, 10TH CROSS, 1ST MAIN, “C” BLOCK GAYATHRINAGAR, BANGALORE – 560 021. 13. SMT CHAMPAKA SINCE DECEASED BY LRS M C MAHADEVA, S/O LATE CHIKKAHANUMAIAH, AGED 57 YEARS, R/AT NO.1801, 3RD CROSS, PRAKASH NAGAR, BANGALORE. 14. SMT M C SOWMYAPRABHA W/O SURESH AGED ABOUT 54 YEARS, R/AT NO.216-B, 3RD MAIN ROAD, MAHALAKSHMI LAYOUT, BANGALORE – 560 086. 15. M VENKATA SWAMY S/O LATE D.M.MUNIYAPPA, AGED 82 YEARS, R/AT NO.250,. 14TH CROSS, II ND BLOCK, R.T.NAGAR, BANGALORE – 560 032. 16. M KRISHNA SWAMY S/O LATE D.M.MUNIYAPPA, AGED ABOUT 70 YEARS, R/AT NO.907, - 6 - HC-KAR NC: 2026:KHC:30835 RFA No. 454 of 2021 6TH MAIN ROAD, VIJAYANAGAR, BANGALORE – 560 040. 17. M PADMAVATHI W/O DR. K.H.CHIKKAYALAKKAIAH, MAJOR, R/AT NO.3091 1ST CROSS, PRAKASHNAGAR, BANGALORE. …RESPONDENTS (BY SRI. B RAVINDRA PRASAD, ADVOCATE FOR R1 TO R4; K M MURARI MOUNI, ADVOCATE FOR R7, R13 & R17; K M VENKATESHAMOUNI & M ARUN KUMAR, ADVOCATE FOR R12(A,B,C,E,F); R5, R6, R8, R9, R11, R12(D), R15, R16 ARE SERVED AND UNREPRESENTED; V/O/D 11/10/22 NOTICE TO R14 IS HELD SUFFICIENT; V/O/D 09/01/25 NOTICE TO R10(A&B) IS HELD SUFFICIENT) THIS RFA IS FILED UNDER SECTION 96 OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED 20.04.2021 PASSED IN O.S.NO.5076/1999 ON THE FILE OF THE 34TH ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU AND ETC., THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 7 - HC-KAR NC: 2026:KHC:30835 RFA No. 454 of 2021 CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT In spite of giving sufficient opportunities, the party- in-person/appellant is continuously absent for the last one month. Therefore, the appeal is dismissed for non- prosecution. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE UN List No.: 1 Sl No.: 56