- 1 - HC-KAR CNR: KAHC010192472021 NC: 2026:KHC:36797 RSA No. 426 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO.426 OF 2021 BETWEEN: SRI ABRAR SHARIF S/O ANWAR PASHA AGED ABOUT 37 YEARS RESIDENT OF 2ND CROSS DAWOOD STREET BELUR TOWN BELUR DISTRICT …APPELLANT (BY SRI. NAIK N R, ADVOCATE -ABSENT) AND: 1. M R SHIVGURU S/O M R RAJAPPA SINCE DEAD BY HIS LRS 1(A) SMT.AMBIKA.N W/O LATE M.R.SHIVGURU AGED ABOUT 38 YEARS 1(B) KUM.MANASVI D/O LATE M.R.SHIVGURU AGED ABOUT 18 YEARS 1(C) KUM. LISHA D/O LATE M.R.SHIVGURU AGED ABOUT 14 YEARS SINCE REPRESENTED BY HER NATURAL GUARDIAN MOTHER SMT.AMBIKA.N Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010192472021 NC: 2026:KHC:36797 RSA No. 426 of 2021 2. SRI M R RENUKA PRASAD S/O M R RAJAPPA AGED ABOUT 45 YEARS RESPONDENTS 1(A) TO 1(C) ARE RESIDING AT NEHRU NAGAR BELUR TOWN HASSAN DISTRICT 3. SRI B P NAGARAJU S/O LATE PUTTACHANNA SHETTY SINCE DEAD REPRESENTED BY HIS LRS 3(A) RAJAMMA W/O LATE B P NAGARAJU AGED ABOUT 56 YEARS 3(B) PREMA D/O LATE B P NAGARAJU AGED ABOUT 36 YEARS 3(C) MALA D/O LATE B P NAGARAJU MAJOR 3(D) RAMU S/O LATE B P NAGARAJU AGED ABOUT 46 YEARS 3(E) UMESH S/O LATE B P NAGARAJU MAJOR 3(F) NATARAJU S/O LATE B P NAGARJU MAJOR 3(G) YESHWANTH S/O LATE B P NAGARAJU - 3 - HC-KAR CNR: KAHC010192472021 NC: 2026:KHC:36797 RSA No. 426 of 2021 MAJOR 3(H) USHA D/O LATE B P NAGARAJU AGED ABOUT 36 YEARS 3(I) VASANTHI D/O LATE B P NAGARAJU MAJOR RESPONDENTS 3(A) TO 3(I) ARE RESIDENTS OF SHIVAJYOTIPANA STREET (GANIGARA BEEDHI) BELUR TOWN HASSAN DISTRICT 3(J) ASHA W/O CHANDRU MAJOR RESIDENT OF SHIVAJYOTIPANA STREET (GANIGARA BEEDHI) BELUR TOWN HASSAN DISTRICT 3(K). SHEELA W/O BHARATH MAJOR RESIDENT OF SHIVAJYOTIPANA STREET (GANIGARA BEEDHI) BELUR TOWN HASSAN DISTRICT …RESPONDENTS (BY SRI BHARGAV G, ADVOCATE FOR R1(A TO C) R1(C) IS MINOR REPRESENTED BY R1(A); R3(B) –SERVED; VIDE ORDER DATED 14.09.2021, NOTICE TO R3(A, C TO K) ARE HELD SUFFICIENT) - 4 - HC-KAR CNR: KAHC010192472021 NC: 2026:KHC:36797 RSA No. 426 of 2021 THIS RSA IS FILED UNDER SECTION 100 OF CIVIL PROCEDURE CODE, AGAINST THE JUDGMENT AND DECREE DATED 21.04.2021 PASSED IN R.A.NO.4/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE, BELUR, ALLOWING THE APPEAL AND FILED AGAINST THE JUDGMENT AND DECREE DATED 20.01.2020 PASSED IN O.S.NO.105/2009 ON THE FILE OF CIVIL JUDGE AND JMFC, BELUR. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Case called twice. None present on behalf of the appellants. Appeal is of the year 2021. 2. Accordingly, appeal stands dismissed for non prosecution. Sd/- (V SRISHANANDA) JUDGE MR List No.: 1 Sl No.: 65