- 1 - HC-KAR NC: 2026:KHC:35786 RSA No. 1873 of 2025 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. 1873 OF 2025 (INJ) BETWEEN: UJWAL.C, S/O CHANNABASAPPA SHETTY @ CHANNABASAPPA, AGED 20 YEARS, R/AT. KITHOOR, R.B. KOPPALU VILLAGE, THAMMADAHALLI, BETTADAPURA HOBLI PERIYAPATNA TOWN. MYSURU DISTRICT - 571 108. …APPELLANT (BY SRI. ROHITH B.J., ADVOCATE (ABSENT)) AND: 1. SRI.SUBRAYEE S/O LATE KADAIAH SINCE DEAD BY LRS SMT.KAMALAMMA W/O LATE SUBBARAYEE, AGE 73 YEARS 2. SRI.K.S.VIJAYAKUMAR S/O LATE SUBBARAYEE, AGED 57 YEARS Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35786 RSA No. 1873 of 2025 BOTH ARE RESIDENTS OF MARADIYURU VILLAGE HARANAHALLI HOBLI, PERIYAPATNA TALUK - 571 109 3. SRI. LOHITHASHWA S/O LATE SUBBARAYEE, DEAD BY LRS SMT.RUKMINI W/O LOHITHASWA, AGED 51 YEARS, R/AT KOPPA VILLAGE, HARANAHALLI HOBLI, PERIYAPATNA TALUK - 571 109 4. SMT.RAMYA K.L W/O PRASHANTHKUMAR, AGE 33 YEARS, R/AT BYLAKUPPE VILLAGE, HARANAHALLI HOBLI, PERIYAPATNA TALUK - 571 109 5. SRI. K.L. RANJITH S/O LOHITHASWA, AGE 31 YEARS, R/AT KOPPA VILLAGE, HARANAHALLI HOBLI, PERIYAPATNA TALUK - 571 109 6. RATHI W/O KHUSAL, AGE 29 YEARS, R/AT KOPPA VILLAGE, HARANAHALLI HOBLI, PERIYAPATNA TALUK - 571 109 - 3 - HC-KAR NC: 2026:KHC:35786 RSA No. 1873 of 2025 7. SMT. RENUKA, D/O LATE SUBBARAYEE, W/O R.M.VIJAYAKUMAR, AGE 53 YEARS, R/AT RAVANDURU VILLAGE, AND HOBLI, PERIYAPATNA TALUK, MYSORE DISTRICT - 571 109 8. SRI. K.S. VENKATESH, S/O LATE SUBBARAYEE, AGE 51 YEARS, R/AT MARADIYURU VILLAGE, HARANAHALLI HOBLI, PERIYAPATNA TALUK. MYSORE DISTRICT - 571 109 …RESPONDENTS THIS RSA IS FILED UNDER SEC. 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 07.09.2023 PASSED IN R.A.NO.36/2019 ON THE FILE OF SENIOR CIVIL JUDGE, PERIYAPATNA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 31.07.2019 PASSED IN O.S.NO.270/2013 ON THE FILE OF CIVIL JUDGE AND JMFC, PERIYAPATNA. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 4 - HC-KAR NC: 2026:KHC:35786 RSA No. 1873 of 2025 ORAL JUDGMENT 1. None appears for the appellant. 2. The present appeal is filed challenging the Order passed by the First Appellate Court in RA No.36/2019 allowing the appeal by considered judgment dated 07.09.2023. 3. After the death of the original defendant, present appellant has filed the present appeal based on the ground that the original defendant had executed a registered Will in his favour. Therefore, he is entitled to challenge the judgment. 4. To address the arguments on IA No.1 and 2 of 2025, none appears. Accordingly, application and appeal stands dismissed for non-prosecution. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 58