- 1 - HC-KAR CNR: KAHC010281312017 NC: 2026:KHC:37365 RSA No. 927 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 927 OF 2017 (PAR) BETWEEN: 1. T. LINGAIAH AGED ABOUT 87 YEARS, S/O DASATHIMAIAH R/AT NO. OORUKERE, KASABA HOBLI, TUMKUR TALUK & DISTRICT - 572 101. 2. JAYADEVAIAH AGED ABOUT 46 YEARS, S/O KENCHAPPA, 3. SHANTHARAJU AGED ABOUT 44 YEARS, S/O KENCHAPPA, 4. RAMESH AGED ABOUT 41 YEARS, S/O KENCHAPPA, 5. UMESHA AGED ABOUT 41 YEARS, S/O KENCHAPPA, 6. KALAVATHI AGED ABOUT 36 YEARS, D/O KENCHAPPA, Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010281312017 NC: 2026:KHC:37365 RSA No. 927 of 2017 7. KENCHAPPA AGED ABOUT 64 YEARS, S/O DODDAKEMPAIAH, 2 TO 6 ARE CHILDREN AND 7 IS THE HUSBAND OF SMT. RAJAMMA ALL R/AT SHIVASANDRA, GUBBI TALUK, NITTUR HOBLI, KONDI POST, TUMKUR - 572 216. 8. SMT. GIRIJAMMA AGED ABOUT 52 YEARS, W/O ASHWATHAIAH, R/AT DINNANAPALYA, KASABA HOBLI, KORATAGERE TALUK TUMKUR - 572 129. 9. SMT. PANKAJA AGED ABOUT 50 YEARS, W/O JAGADEESH, R/AT MAVINAHALLI, C.S.PURA HOBLI, GUBBI TALUK, TUMKUR - 572 216. APPELLANTS NO.1 TO 3 & 5 TO 9 ARE REPRESENTED BY THEIR GPA HOLDER SRI RAMESH, AGED ABOUT 41 YEARS, S/O KENCHAPPA SHIVASANDRA, GUBBI TALUK, NITTUR HOBLI, KONDI POST, TUMKUR - 572 216. …APPELLANTS (BY SRI. C M NAGABUSHANA, ADVOCATE) AND: 1. CHANDRAIAH S/O DASATHIMMAIAH, - 3 - HC-KAR CNR: KAHC010281312017 NC: 2026:KHC:37365 RSA No. 927 of 2017 AGED ABOUT 72 YEARS, R/AT NO. OORUKERE, KASABA HOBLI, TUMKUR TALUK & DISTRICT - 572 101. 2. SMT. SIDDAGANGAMMA AGED ABOUT 62 YEARS, W/O RAJANNA, R/AT NO. OORUKERE, KASABA HOBLI, TUMKUR TALUK & DISTRICT - 572 101. 3. LAND ACQUISITION OFFICER NATIONAL HIGHWAY NO.4, (TUMKUR HARIHARA DIVISION) K.M.S.75-285 INDIAN NATIONAL HIGH WAY AUTHORITY, OPP:VASANTHA THEATER, DAVANAGERE - 577 001. …RESPONDENTS (BY SRI. ADAVEESHAIAH.B, ADVOCATE FOR R1 & R2 SRI. SESHU.V, AGA FOR R3) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 01.10.2016 PASSED IN RA NO.145/2013 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC., TUMAKURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 28.08.2013 PASSED IN OS NO.603/2003 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE AND JMFC-III, TUMKUR. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 4 - HC-KAR CNR: KAHC010281312017 NC: 2026:KHC:37365 RSA No. 927 of 2017 ORAL JUDGMENT The learned counsel for the appellants has filed a memo along with the returned postal cover issued to the appellants and the acknowledgements in respect of few of the appellants. 2. The memo reads as under: "1. The above appeal was entrusted to this counsel S.T.Mahesh, who was hails from Tumkuru and practicing at Bengaluru, all the communications and instructions with the appellants were through counsel S.T.Mahesh. The said counsel due to unforeseen circumstance lost his life on 06-01- 2019. Thereafter, the appellants have never turned up to our office enquiring about the status of the case. When the matter was listed before this Hon'ble Court, the undersigned counsel to made efforts to contact the appellants and so as to obtain necessary instructions for the prosecuting the appeal. 2. It is submitted that, so as to contact the appellants letters were addressed to their respective last known addresses as indicated in the aforesaid proceedings. However, the postal articles sent to the appellant were returned undelivered with the endorsement "Insufficient Address and No such Person in the Address" to Appellant No.1 to 7 and 9. However in respect of the letter issued to Appellant No.8, the Track Consignment report indicates that the "Item is delivered to addressee". 3. The undersigned counsel has made every reasonable and bona fide effort to ascertain the appellant's whereabouts and contact details through all possible means. In that regard an effort was also made by contacting Mr.K.S.Jagannath, Advocate, who conducted Appeal before the First Appellate Court, via his mobile bearing - 5 - HC-KAR CNR: KAHC010281312017 NC: 2026:KHC:37365 RSA No. 927 of 2017 No.9448661277. Despite diligent efforts, the appellants could not be traced, and no instructions have been received till date. The Appellant No.8 upon whom the letter is delivered has also not come to the office and has not given any instructions till date. 4. In the absence of any communication or instructions from the appellants and as it has become impossible for the undersigned to effectively represent the appellants or prosecute the appeal, the undersigned counsel is constrained to seek leave of this Hon'ble Court to retire from the above appeal. 5. The postal receipt, the returned postal cover, and the consignment tracking report evidencing the efforts made by the undersigned to contact the appellant are annexed to this memo for the kind perusal of this Hon'ble Court. WHEREFORE, the undersigned counsel most respectfully prays that this Hon'ble Court may be pleased to permit the undersigned counsel to retire from appearing on behalf of the appellants in the above appeal, in the interests of justice and equity." 3. Placing the memo on record, the appeal stands dismissed for non prosecution. Sd/- (V SRISHANANDA) JUDGE ND List No.: 1 Sl No.: 53