- 1 - HC-KAR CNR: KAHC010196712019 NC: 2026:KHC:36960 RSA No. 1252 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1252 OF 2019 (INJ) BETWEEN: 1. SRI. H.B. DURGARAJU SINCE DECEASED BY HIS LRS 1(A). SRI. YOGESH S/O LATE SRI. H.B. DURGARAJU AGED ABOUT 40 YEARS, 1(B). SRI. H.D. BYRESH S/O LATE SRI. H.B. DURGARAJU AGED ABOUT 34 YEARS 2. SRI. H.B MALLESHAPPA S/O LATE SRI POOJAR BYRAPPA AGED ABOUT 55 YEARS 3. SMT. CHANDRAMMA W/O LATE SRI. POOJAR SIDDAPPA AGED ABOUT 85 YEARS ALL ARE RESIDENTS OF DURGAMMA TEMPLE STREET HULIYAR VILLAGE & HOBLI CHIKKANAYAKANAHALLI TALUK TUMKUR DISTRICT. …APPELLANTS (BY SRI. R.B. SADASIVAPPA, ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010196712019 NC: 2026:KHC:36960 RSA No. 1252 of 2019 AND: SRI. BEERALINGESHWARA TEMPLE COMMITTEE HULIYAR TOWN, REP. BY ITS SECRETARY SRI. D. BEERAIAH S/O SRI. DURGAIAH AGED ABOUT 53 YEARS, R/O LINGAPPANAPALYA HULIYAR MAJURE, CHIKKANAYAKANAHALLI TALUK. …RESPONDENT THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 02.03.2019 PASSED IN RA NO.58/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., AT CHIKKANAYAKANAHALLI DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 29.09.2016 PASSED IN OS NO.243/2011 ON THE FILE OF THE PRL.CIVIL JUDGE AND JMFC., AT CHIKKANAYAKANA HALLI. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT 1. Secretary of the respondent said to have died as per the Postal Track Report. - 3 - HC-KAR CNR: KAHC010196712019 NC: 2026:KHC:36960 RSA No. 1252 of 2019 2. As per the Order dated 18.09.2025, fresh steps were ordered to be taken. 3. Till today no steps are taken. 4. Accordingly, the appeal stands dismissed for non prosecution. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 7