- 1 - HC-KAR NC: 2026:KHC:35149 RSA No. 208 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 208 OF 2019 (PAR) BETWEEN: 1. SRI. SIDDANA GOWDA S/O. LATE. SRI. S.G. NAGANA GOWDA, AGED ABOUT 66 YEARS AGRICULTURIST, R/O. AT GULEDAHALLI VILLAGE, SHIKARIPURA TALUK, SHIVAMOGGA DISTRICT - 577 429. 2. SRI. MALLANA GOWDA S/O. LATE. SRI. S.G. NAGANA GOWDA, AGED ABOUT 58 YEARS AGRICULTURIST, R/O. AT GULEDAHALLI VILLAGE, SHIKARIPURA TALUK, SHIVAMOGGA DISTRICT - 577 429. …APPELLANTS ( SRI. SIDDANA GOWDA, APPELLANT 1 (DECEASED); SRI. MALLANA GOWDA, APPELLANT 2 - SERVED) AND: 1. SMT. VIJAYAMMA W/O. SHANKARA GOWDA, AGED ABOUR 42 YEARS R/O AT GURUKRUPA M.S. ARALI, 2ND CROSS, CHOWDESHWARI BADAVANE, RANIBENNUR TOWN, HAVERI DISTRICT - 581 115. Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35149 RSA No. 208 of 2019 2. SMT. SHOBA W/O. BASAVARAJA HULLUMANI, AGED ABOUT 54 YEARS R/O. AT NO. PLOT NO. 25, SHANKARA, GANDHI NAGARA MAIN ROAD, NEAR BANDYAMMA TEMPLE, DHARWAD CITY - 580 001. 3. SRI. VEERANA GOWDA S/O. LATE. SRI. S.G. NAGANA GOWDA, AGED ABOUT 56 YEARS AGRICULTURIST, R/O. AT GULEDAHALLI VILLAGE, SHIKARIPURA TALUK, SHIVAMOGGA DISTRICT - 577 427. 4. SMT. PARVATHAMMA W/O. LATE. SRI. S.G. NAGANA GOUDA, (SINCE DECEASED BY LRS, APPELLANTS 1 & 2 AND RESPONDENTS 1 TO 3) …RESPONDENTS (BY SRI. SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE FOR R1; R2 AND R3 - SERVED) THIS RSA IS FILED UNDER SEC.100 OF CPC, 1908 AGAINST THE JUDGMENT AND DECREE DTD 11.10.2018 PASSED IN RA.NO.35/2013, ON THE FILE OF 2ND ADDL.DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA DISMISSING THE APPEAL AND MODIFYING THE JUDGMENT AND DECREE DATED 09.11.2012 PASSED IN OS.NO.37/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE, AND JMFC., ITIENARY SHIKARIPUR. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:35149 RSA No. 208 of 2019 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER This Court vide order dated 15.06.2025, issued Court notice to the appellants accepting the memo of retirement filed by learned counsel for the appellants. Court notice returned with an endorsement that appellant No.1 is no more and appellant No.2 is served personally. Appellant No.2 called out absent. Left with no alternative, appeal stands dismissed for non prosecution. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 14