- 1 - HC-KAR CNR: KAHC010652772023 NC: 2026:KHC:43995 RSA No. 2119 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 2119 OF 2023 (DEC/INJ) BETWEEN: 1. MR K A UTHAIAHA @ RAVI AGED ABOUT 57 YEARS S/O LATE SOMAIAH R/AT KALATHMADA VILLAGE AMMATHI HOBLI AND POST VIRAJPET TALUK- 571211 …APPELLANT (BY SRI. MOHANA CHANDRA P., ADVOCATE) AND: 1. N S SHYAM PRASAD AGED ABOUT 72 YEARS S/O LATE SOMANNA R/AT BLOCK NO 4, HILL ROAD MADIKERI TOWN KODAGU DISTRICT-571201 2. MR GURU PRASAD N S AGED ABOUT 34 YEARS S/O N S SHYAM PRASAD R/AT BLOCK NO. HILL ROAD MADIKERI TOWN KODAGU DISTRICT-571201 …RESPONDENTS Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010652772023 NC: 2026:KHC:43995 RSA No. 2119 of 2023 THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND DECREE DATED 16.03.2023 PASSED BY THE COURT OF SENIOR CIVIL JUDGE, MADIKERI IN R.A.NO.11/2022 AND SET ASIDE THE JUDGMENT AND DECREE DATED 29.08.2022 PASSED IN O.S.NO.142/2017 BY THE COURT OF ADDITIONAL CIVIL JUDGE, MADIKERI AND CONSEQUENTLY DECREE THE SUIT OF THE PLAINTIFF IN O.S.NO.142/2017 BY ALLOWING THE APPEAL AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT 1. The office has raised objections with regard to the non-payment of deficit court fee of Rs.27,162/-. 2. Since the deficient court fee has not been paid for the last three years, the appeal stands dismissed for non-prosecution. Sd/- (V SRISHANANDA) JUDGE SKS