- 1 - HC-KAR NC: 2026:KHC:21072 RSA No. 173 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR REGULAR SECOND APPEAL NO. 173 OF 2023 (PAR) BETWEEN: 1. NAYANA AGED ABOUT 34 YEARS, WORKING IN PRIVATE COMPANY, 2. CHETHANA AGED ABOUT 32 YEARS, ENGINEER, APPELLANT NO.1 AND 2 ARE THE DAUGHTERS OF SOMAPPA GOWDA, R/AT NEDILU LOCALITY OF KANAKAMAJALU POST AND VILLAGE OF SULLIA TALUK, D.K. DISTRICT-574 223 REP BY THEIR GPA HOLDER, REVATHI D/O. LATE MONTA GOWDA, AGED ABOUT 47 YEARS, R/AT PERUVAJE VILLAGE, SULLIA TALUK, D.K. DISTRICT-574 223. &APPELLANTS (BY SRI. B R SRINIVASA GOWDA, ADVOCATE) AND: 1. SEETHAMMA W/O. LATE AITHAPPA GOWDA, AGED ABOUT 67 YEARS, [ [[ 2. JAYANTHI D/O. LATE AITHAPPA GOWDA, AGED ABOUT 43 YEARS, Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21072 RSA No. 173 of 2023 3. LATHA KUMARI D/O. LATE AITHAPPA GOWDA, AGED ABOUT 41 YEARS, 4. CHANDRASHEKARA S/O. LATE AITHAPPA GOWDA, AGED ABOUT 57 YEARS, 5. YOGISHA S/O. LATE AITHAPPA GOWDA, AGED ABOUT 37 YEARS, 6. NAVEEN KUMAR (SINCE DEAD) S/O. LATE AITHAPPA GOWDA, AGED ABOUT 33 YEARS, 7. SATHEESHA S/O. LATE AITHAPPA GOWDA, AGED ABOUT 32 YEARS, RESPONDENT NOS.1 TO 7 ARE R/AT NEDILU LOCALITY OF KANAKAMAJALU POST AND VILLAGE, SULLIA TALUK, D.K. DISTRICT-574 223. 8. RUKMAYYA AGED ABOUT 58 YEARS, 9. VASUDEVA AGED ABOUT 54 YEARS, 10. LAXMANA GOWDA AGED ABOUT 49 YEARS, 11. SMT. PUSHPA AGED ABOUT 48 YEARS, 12. BABI AGED ABOUT 44 YEARS, 13. LINGAPPA AGED ABOUT 41 YEARS, - 3 - HC-KAR NC: 2026:KHC:21072 RSA No. 173 of 2023 R 8 TO R 13 ARE R/AT NEDILU LOCALITY OF KANAKAMAJALU POST AND VILLAGE, SULLIA TALUK, D.K. DISTRICT-574 223. 14. SOMAPPA GOWDA AGED ABOUT 77 YEARS, S/O. LATE KORAGAPPA @ SANNANNA GOWDA, 15. LALITHA AGED ABOUT 72 YEARS, D/O. KORAGAPPA @ SANNANNA GOWDA, 16. KAMALA AGED ABOUT 62 YEARS, D/O. KORAGAPPA @ SANNANNA GOWDA, 17. SMT. PARVATHI W/O. LATE KITTANNA GOWDA, AGED ABOUT 53 YEARS 18. BALACHANDRA D/O. LATE KITTANNA GOWDA, AGED ABOUT 33 YEARS, 19. MALLIKA D/O. LATE KITTANNA GOWDA, AGED ABOUT 30 YEARS, 20. SANTHOSHA D/O. LATE KITTANNA GOWDA, AGED ABOUT 53 YEARS, R 16 TO R 20 ARE R/AT NEDILU LOCALITY OF KANAKAMAJALU POST AND VILLAGE, SULLIA TALUK, D.K. DISTRICT-574 223. & RESPONDENTS - 4 - HC-KAR NC: 2026:KHC:21072 RSA No. 173 of 2023 THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 04.03.2022 PASSED IN RA.No.11/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE, SULLIA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 03.03.2020 PASSED IN OS No.88/2012 ON THE FILE OF THE CIVIL JUDGE AND JMFC, SULLIA. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT There is no representation on behalf of the appellants. 2. Vide order dated 25.03.2026, this Court, upon allowing the application filed by the appellants, imposed a cost of Rs.5,000/- along with the previous cost of Rs.500/- to be paid and granted two weeks' time to rectify the objections raised by the registry. 3. Today when the matter is called at 11.44 a.m., there is no representation on behalf of the appellants. Cost, as ordered to be paid by this Court vide order dated - 5 - HC-KAR NC: 2026:KHC:21072 RSA No. 173 of 2023 25.03.2026 along with previous cost, is not paid; objections are not rectified. It appears that despite persistent warnings and an opportunity given to rectify the objections raised by the registry, the appellants neither rectified the objections nor paid the cost. Hence, the appeal is dismissed for non prosecution. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 27