- 1 - HC-KAR CNR: KAHC010440532021 NC: 2026:KHC:49077 MSA No. 78 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M MISCELLANEOUS SECOND APPEAL NO. 78 OF 2021 BETWEEN: 1. CHERAMANDAND NANAIAH, S/O LATE C.MUTHANNA, AGED 60 YEARS, 2. MACHANDA S. DEVAIAH, S/O. LATE M.A. SOMAIAH, AGED ABOUT 54 YEARS, MAJOR 3. SRI. KOKALEMADA MANJU CHINAPPA, S/O. PONAPPA, AGED 42 YEARS, R/AT HYSODLUR VILLAGE AND POST, VIRAJPET TALUK, KODAGU. 4. BARYANDA BHEEMAIAH, S/O. LATE BARIYANDA, JOYAPPA, MAJOR, 5. BOTTOLANDA SURESH, S/O. BOTTALANDA LATE SUBBAPPA, MAJOR, 6. APPANERAVANDA POOVAIAH, S/O. APPANERAVANDA LATE MANDANNA, MAJOR, 7. CHERUMANANDA SURESH, S/O. C. JOSEPH THIMMAIAH, MAJOR, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010440532021 NC: 2026:KHC:49077 MSA No. 78 of 2021 8. NALIYANDA SUBBAIAH, S/O. LATE THAMMAIAH, MAJOR, 9. THAPANDA KALAPPA, S/O. LATE DEVAIAH, MAJOR, 10. NALIYANDA THIMMANNA, S/O. LATE K.KARUMBAIAH, MAJOR, 11. APPANERAVANDA KARIAPPA, S/O. LATE APPANERAVANDA MANDANNA, MAJOR, 12. KUMMANDA PEMMAIAH, S/O. K.DEVAIAH, MAJOR, 13. ANERA GAPPAU, S/O. ANERA LATE KARIAPPA, 14. ANERA MANDANNA, S/O. LATE A.KUSHALAPPA, MAJOR, 15. CHERUMANDANDA APPAJI, S/O. LATE MUTHANNA, MAJOR, 16. CHERUMANDANDA BHEMMAIAH, S/O. LATE C.NANJAPPA, MAJOR, APPELLANTS NO.1, 2 AND 4 TO 16 ARE R/AT KIRANDADU VILLAGE, PARANE POST, MADIKERI TALUK, KODAGU DISTRICT. …APPELLANTS (BY SRI. ARNAV A. BAGALWADI, ADVOCATE - ABSENT) - 3 - HC-KAR CNR: KAHC010440532021 NC: 2026:KHC:49077 MSA No. 78 of 2021 AND: 1. SRI. C.D.GANESH, S/O. LATE C.DEVAIAH, AGED ABOUT 75 YEARS, 2. SRI. C.G.VIVEK, S/O. LATE C.DEVAIAH, AGED ABOUT 35 YEARS, BOTH ARE R/AT KIRANDADU VILLAGE, PARANE POST, MADIKERI TALUK, KODAGU DISTRICT. …RESPONDENTS (BY SMT. VINITHA P.C., ADVOCATE FOR R2; R1 SERVED AND UNREPRESENTED) THIS MISCELLANEOUS SECOND APPEAL IS FILED UNDER ORDER 43 RULE 1(r) READ WITH SECTION 104 OF THE CODE OF CIVIL PROCEDURE. THIS MISCELLANEOUS SECOND APPEAL IS LISTED FOR ORDERS, THIS DAY, THE JUDGMENT IS DELIVERED AS UNDER: ORAL ORDER Though matter called twice, there is no representation on behalf of counsel for the appellants. Smt.Vinitha.P.C., counsel for respondent No.2 appeared in person. - 4 - HC-KAR CNR: KAHC010440532021 NC: 2026:KHC:49077 MSA No. 78 of 2021 The appeal is listed today for non-filing of the complete order sheet of the Trial Court, in terms of the order dated 08.04.2025. Despite the lapse of nearly one and a half years, the appellants have failed to comply with the said order. It is also pertinent to note that sufficient time and opportunity were granted to the appellants to comply with the office objections. Furthermore, the appeal was instituted in the year 2021 and has remained pending for nearly five years. As noted hereinabove, there is no representation on behalf of the appellants today. The conduct of the appellants indicates that they are not interested in prosecuting the appeal. In view of the aforesaid circumstances, the appeal is dismissed for non- prosecution. Because of dismissal of the appeal, interim order granted if any stands discharged and pending interlocutory applications if any are disposed of. Sd/- (JYOTI M) JUDGE MRP List No.: 1 Sl No.: 7