- 1 - HC-KAR NC: 2026:KHC:35779 RSA No. 566 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 566 OF 2024 (RES) BETWEEN: 1. MR IQBAL AGED ABOUT 42 YEARS, S/O LATE ALLI SAHEB, 2. MRS ABIDABI AGED ABOUT 82 YEARS, W/O LATE ALLI SAHEB, 3. MR MOHAMMED ASHRAF AGED ABOUT 54 YEARS, S/O LATE ALLI SAHEB, NO.1 TO 3 ARE R/O KASABA GUDDE, NH-66, KUNDAPURA KASABA VILLAGE, POST: KUNDAPURA - 576 201 UDUPI DISTRICT …APPELLANTS (BY SRI. SANGAMESH, ADVOCATE FOR SRI. CHANDRANATH ARIGA K., ADVOCATE) AND: 1. SMT SHASHIKALA HERLE AGED ABOUT 68 YEARS, Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35779 RSA No. 566 of 2024 2. SRI GANESH KARANTH AGED ABOUT 64 YEARS, 3. SMT PADMAVATHI NAVADA AGED ABOUT 64 YEARS, 4. SMT ASHA MAYYA AGED ABOUT 62 YEARS, 5. SRI V RAMAKRISHNA KARANTH AGED ABOUT 58 YEARS, RESPONDENTS NO.1 TO 5 ARE CHILDREN OF LATE V NARAYANA KARANTHA, HOLEBADI, VODERHOBLI VILLAGE - 576 201 KUNDAPURA TALUK UDUPI DISTRICT 6. SAHEERA BANU AGED ABOUT 52 YEARS, D/O LATE ALLI SAHEB, NEAR KSRTC BUS STAND, KASABA GUDDE - 576 201, KUNDAPURA TOWN, KUNDAPURA UDUPI DISTRICT 7. SMT FARANHA BANU AGED ABOUT 48 YEARS, W/O LATE MOHAMMED ASLAM 8. MISS SHIFFA AGED ABOUT 29 YEARS, - 3 - HC-KAR NC: 2026:KHC:35779 RSA No. 566 of 2024 9. MR AFNAN AGED ABOUT 23 YEARS, RESPONDENTS NO.8 AND 9 ARE CHILDREN OF LATE MOHAMMED ASLAM, 7 TO 9 ARE RESIDENTS OF NEAR FISH MARKET, MARKET ROAD, KUNDAPURA KASABA VILLAGE, POST: KUNDAPURA - 576 201, UDUPI DISTRICT 10. MR MOHAMMED IQBAL NEAR KSRTC BUS STAND, KASABA GUDDE, KUNDAPURA TOWN, KUNDAPURA - 576 201 UDUPI DISTRICT 11. MR MOHAMMED ANSAR AGED ABOUT 63 YEARS, S/O LATE ALLI SAHEB, NEAR KSRTC BUS STAND, KASABA GUDDE, KUNDAPURA TOWN, KUNDAPURA - 576 201 UDUPI DISTRICT …RESPONDENTS THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 06.02.2024 PASSED IN RA NO.26/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE KUNDAPURA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED - 4 - HC-KAR NC: 2026:KHC:35779 RSA No. 566 of 2024 20.07.2017 PASSED IN OS NO.84/2003 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, KUNDAPURA. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Office objections are not complied despite granting sufficient time. Hence, appeal stands dismissed for non- persecution. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 32