- 1 - HC-KAR CNR: KAHC010137392019 NC: 2026:KHC:46273 RSA No. 983 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 983 OF 2019 (PAR) BETWEEN: 1. MANJUNATHA SWAMY S/O GOWRAIAH, AGED ABOUT 44 YEARS, 2. SHANTHAMURTHY S/O GOWRAIAH, AGED ABOUT 42 YEARS, BOTH ARE AGRICULTURIST AND GOVERNMENT OFFICIALS, R/O GUDDADANERALEKERE VILLAGE, MATHODU HOBLI-577 527 HOSADURGA TALUK. …APPELLANTS (BY SRI. M R SHALAMALA, ADVOCATE) AND: 1. MALLIKARJUNAIAH S/O PARVATHAIAH, AGED ABOUT 68 YEARS, AGRICULTURIST R/O SIDDAGONDANAHALLY VILLAGE, Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010137392019 NC: 2026:KHC:46273 RSA No. 983 of 2019 MATHODU HOBLI-577 527 HOSADURGA TALUK. 2. ANNAIAH MURTHY S/O GOWRAIAH, AGED ABOUT 72 YEARS, AGRICULTURIST, AGRICULTURIST R/O GUDDADANERALEKERE VILLAGE, MATHODU HOBLI-577 527 HOSADURGA TALUK. 3. SMT.DEVARAJAMMA D/O LATE PARVATHAIAH, W/O SOMSHEKHARAIAH, AGED ABOUT 68 YEARS, R/O SJM LAYOUT, HOSADURGA TOWN-577 527. …RESPONDENTS (BY SRI.K.NARAYANA SWAMY ADVOCATE FOR R-2, APPEAL AGAINST R-2 IS DISMISSED AS ABATED VIDE ORDER DATED 21.07.2026, RESPONDENT NOS.1 AND 3 ARE SERVED) THIS RSA IS FILED U/S.100 OF CPC 1908 AGAINST THE JUDGMENT AND DECREE DATED 04.02.2019, PASSED IN RA.NO.130/2016 (OLD RA.NO.11/2014), ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HOSADURGA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 08.11.2013, PASSED IN OS.NO.20/2009, ON THE FILE OF THE ADDL.CIVIL JUDGE AND JMFC, HOSADURGA. - 3 - HC-KAR CNR: KAHC010137392019 NC: 2026:KHC:46273 RSA No. 983 of 2019 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER The learned counsel for the appellants Sri.M.R.Shalamala has been permitted to retire from the case and thereafter, by way of abundant caution, this Court issued Court notice to the appellants, which was duly served on appellant Nos.1 and 2. Appellant Nos.1 and 2 called out. Absent. Left with no alternative, the appeal stands dismissed for non-prosecution. Sd/- (V SRISHANANDA) JUDGE BK List No.: 1 Sl No.: 4