- 1 - HC-KAR NC: 2026:KHC:32037 RSA No. 312 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO.312 OF 2017 (PAR) BETWEEN: 1. KRISHNAPPA S/O MUNIYAPPA @ MUNISWAMY AGED ABOUT 52 YEARS 2. SHREERAMAPPA S/O MUNIYAPPA @ MUNISWAMY AGED ABOUT 50 YEARS 3. VENKATESH S/O MUNIYAPPA @ MUNISWAMY (DEAD BY LR) 3(a) SMT. PRABHA W/O LATE VENKATESH WARD NO.12, FORT, CHIKKABALLAPURA AGED ABOUT 52 YEARS 4. NARAYANASWAMY S/O MUNIYAPPA @ MUNISWAMY AGED ABOUT 46 YEARS 5. SEENAPPA ALIAS SRINIVASA S/O MUNIYAPPA @ MUNISWAMY AGED ABOUT 42 YEARS ALL ARE RESIDING AT NO.428/374 6TH DIVISION, FORT, CHIKKABALLAPURA – 562 101 …APPELLANTS (BY SRI. DIWAKAR, ADVOCATE -ABSENT) Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32037 RSA No. 312 of 2017 AND: 1. MUNIYAPPA @ MUNISHAMY S/O CHITHARADANARAYANAPPA AGED ABOUT 86 YEARS 2. SMT. BHAGYAMMA W/O ADEPPA AGED ABOUT 56 YEARS BOHT ARE R/AT DINNEMIDDAPALLI SOMENAHALLI HOBLI GUDIBANDE TALUK -562 201 3. SMT. VARALAKSHMI W/O RAMAKRISHNA AGED ABOUT 44 YEARS, R/AT KESHWARA VILLAGE KASABA HOBLI CHIKKABALLAPURA- 562 101 4. MANJUNATHA S/O LATE RATHAN CHAND AGED ABOUT 33 YEARS, OLD SBM ROAD CHIKKABALLAPURA-562 101 5. P.R.PRAMODH KUMAR S/O LATE RATHNA CHAND AGED ABOUT 33 YEARS, OLD SBM ROAD CHIKKABALLAPURA – 562 101 …RESPONDENTS (BY SRI S F GOUTAM CHAND, ADVOCATE FOR R5; SRI S.R.SREENIVASA MURTHY, ADVOCATE FOR R1 TO R4; VIDE ORDER DATED 09.06.2026, APPEAL AGAINST R1 STANDS DISMISSED AS ABATED) - 3 - HC-KAR NC: 2026:KHC:32037 RSA No. 312 of 2017 THIS RSA IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE, AGAINST THE JUDGMENT AND DECREE DATED 28.10.2016 PASSED IN R.A.NO.120/2012 ON THE FILED OF THE PRL. DISTRICT JUDGE, CHIKKABALLAPUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 21.09.2012 PASSED IN O.S.NO.218/2005 ON THE FILE OF THE SENIOR CIVIL JUDE AND C.J.M, CHIKKABALLAPUR. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS PASSED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Case called twice. None present on behalf of the appellants. Appeal stood dismissed against the first respondent by order dated 19.06.2026 noting the fact that no proper steps are taken in respect of deceased first respondent. Suit is one for partition and separate possession and in the absence of all these errors, appeal cannot be decided on merits. Accordingly, appeal stands dismissed. Sd/- (V SRISHANANDA) JUDGE MR, List No.: 1 Sl No.: 35