- 1 - HC-KAR NC: 2026:KHC:34384 RSA No. 1342 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1342 OF 2021 (PAR) BETWEEN: SRE MUDALAGIRIYAPPA S/O LATE GOVINDAPPA AGED ABOUT 58 YEARS R/A NITTARAHALLI VILLAGE PURAVARA HOBLI MADHUGIRI TALUK MADHUGIRI-572132 TUMAKURU DISTRICT …APPELLANT (BY SRI. KAMARAJU., ADVOCATE (ABSENT)) AND: 1. SREE SEENAPPA S/O LATE GOVINDAPPA AGED ABOUT 63 YEARS R/A NITTARAHALLI VILLAGE PURAVARA HOBLI MADHUGIRI TALUK MADHUGIRI-572132 TUMAKURU DISTRICT 2. SREE NARAYANAPPA S/O LATE GOVINDAPPA AGED ABOUT 53 YEARS R/A NITTARAHALLI VILLAGE PURAVARA HOBLI MADHUGIRI TALUK Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34384 RSA No. 1342 of 2021 MADHUGIRI-572132 TUMAKURU DISTRICT …RESPONDENTS (BY SRI. KASHYAP N NAIK., ADVOCATE FOR R1 & R2(ABSENT)) THIS RSA IS FILED UNDER SECTION 100 OF CPC 1908 AGAINST THE JUDGMENT AND DECREE DATED 28.02.219 PASSED IN RA.No.5083/2018 (OLD RA 50/2010) ON THE FILE OF THE 4TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, MADHUGIRI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 30.07.2010 PASSED IN OS.No.236/2008 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (JR.DN) MADHUGIRI. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT 1. None present on behalf of the appellant. 2. There was a delay of 230 days in filing the appeal. 3. This Court while condoning the delay of 230 days noted that rights of immovable properties are to be adjudicated - 3 - HC-KAR NC: 2026:KHC:34384 RSA No. 1342 of 2021 in the appeal and condoned the same on payment of cost of `15,000/- to the contesting respondents. 4. Cost not paid. 5. As such, appeal stands dismissed for non-prosecution. Sd/- (V SRISHANANDA) JUDGE BS List No.: 1 Sl No.: 12