- 1 - HC-KAR NC: 2026:KHC:3201 RSA No. 157 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO. 157 OF 2025 (DEC/INJ) BETWEEN: 1. KALAIAH S/O KALALAH AGED ABOUT 60 YEARS DEAD BY LRS. LAKSHMAMMA W/O LATE KALAIAH AGED ABOUT 74 YEARS. 2. C.K.MANJUNATHA D/O LATE KALAIAH AGED ABOUT 54 YEARS. 3. LATHA W/O BYRAPPA D/O LATE KALAIAH AGED ABOUT 46 YEARS. ALL ARE R/O THYGYAMMA EXTENTION KASABA, CHANNARAYAPATTANA CHANNARAYAPATTANA. TALUK. HASSAN DISTRICT-573116 4. THIMMALAH S/O JAVARAIAH. DEAD BY LRS. SMT. THIMMAMMA W/O LATE THIMMAIAH, AGED ABOUT 76 YEARS. 5. C.T.MANJUNATHA D/O LATE THIMMAIAH Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:3201 RSA No. 157 of 2025 AGED ABOUT, 55 YEARS 6. ASHA RANI C.T W/O LATE SURESH D/O THIMMALAH, HOUSE WIFE AGED ABOUT 51 YEARS, 7. SACHIN C.T. S/O LATE THIMMATAH, AGED ABOUT 46 YEARS, OCC PRIVATE WORK, CAST SC 8. SHYLAJA C.T. W/O GOPALA AGED ABOUT 55 YEARS, 9. JYOTHI W/O CHANDRASHEKARA AGED ABOUT 50 YEARS, OCC HOUSE WIFE, CASTSC 10. RAVINDRA S/O C.G.CHANNAIAH, AGED ABOUT 69 YEARS, PRESIDENT, THYAGAMMA DEVI SEVA SAMITHI (R) 11. C.P.MANJUNATHA S/O PUTTASWAMY AGED ABOUT 44 YEARS, OCC. PRIVATE WORK, CAST SC SECRETARY SRI.THYAGAMMA DEVI SEVA SAMITHI (R), ALL ARE R/AT KASABA CHANNARAYAPATNA TOWN AND TALUK HASSAN DISTRICT -573116 …APPELLANTS (BY SMT. SUMA, ADVOCATE [ABSENT]) - 3 - HC-KAR NC: 2026:KHC:3201 RSA No. 157 of 2025 AND: 1. NANJUNDAPPA S/O PAPANNA AGED ABOUT 56 YEARS, R/O THYAGAMMA EXTENSION CHANNARAYAPATNA TOWN AND TALUK -573116. 2. C G RAJAPPA S/O GURUVEGOWDA, DEAD BY LRS. CR RENUKDA PRASAD S/O LATE C.G. RAJAPPA AGED ABOUT 60 YEARS 3. C.R.RAGHAVENDRA S/O LATE C.G. RAJAPPA. AGED ABOUT 50 YEARS, BOTH R/AT MYSORE ROAD, BEHIND K E B CHNNARAYAPATNA TOWN, TALUK HASSAN DISTRICT -573116 C.G NAGARAJ S/O GANTAIAH, DEAD BY LRS. 4. MANJULAMMA W/O LATE C G NAGARAJA AGED ABOUT 70 YEARS, 5. RENU S/O LATE C.G.NAGARAJ AGED ABOUT 50 YEARS 6. ANITHA D/O LATE C.G. NAGARAJ. AGED ABOUT 38 YEARS 7. VENU S/O LATE C G NAGARAJ AGED ABOUT 36 YEARS - 4 - HC-KAR NC: 2026:KHC:3201 RSA No. 157 of 2025 ALL ARE RESIDING AT RENUKAMBA ROAD CHANNARAYAPATTANA TOWN AND TALUK, HASSAN DISTRICT-573116 8. THIMAIAH S/O JAVARAIAH @ ANNAIAH, DEAD BY LRS JAYAMMA W/O LATE THAMMALALI R/AT THAGYAMMA DEVI EXTENTION, MYSORE ROAD, CHANNARAYAPATTANA, TALUK HASSAN DISTRICT-573116 9. GEETHA W/O RAJ BHARATHIPURA(VILLAGE) SANTHE BACHAHALLI(HOBLI). K.R.PET TALUK. MANDYA DISTRICT -577133 10. SHIVARAJ T S/O LATE THIMMAIAH AGED ABOUT 58 YEARS, OCC AGRICULTURIST R/AT THAGYAMMA DEVI EXTENTION, MYSORE ROAD, CHANNARAYAPATTANA, TALUK, HASSAN DISTRICT-573116 11. SHIVALINGA S/O LATE THIMMALAH AGED ABOUT 41 YEARS, OCC AGRICULTURIST R/AT THAGYAMMA DEVI EXTENTION. MYSORE ROUD, AMBEDKAR CIRCLE CHANNARAYAPATTANA TALUK. HASSAN, DISTRICT-573116 12. MANJUNATHA S/O LATE THAMMAIAH AGED ABOUT 39 YEARS. OCC AGRICULTURIST R/AT THAGYAMMA DEVI EXTENTION. MYSORE ROAD, AMBEDKAR CIRCLE - 5 - HC-KAR NC: 2026:KHC:3201 RSA No. 157 of 2025 CHANNARAYAPATTANA, TALUK. HASSAN DISTRIC-573116. 13. PADMA W/O VYKUNTA AGE 43 YEARS. OCC HOUSE WIFE R/AT BASAVANAHALLI, (V) KIKKERI(HOBLI).K.R. PET (TALUK) MANDYA DISTRICT-571423 14. BABU S/O LATE THIMMAJAH AGED ABOUT 48 YEARS OCC AGRICULTURIST R/AT THAGYAMMA DEVI EXTENTION, MYSORE ROAD AMBEDKAR CIRCLE CHANNARAYAPATTANA TALUK-573116 16. KALAVATHI W/O BABU, AGE 46 YEARS, OCC HOUSE WIFE, DOOR NO.586, R/0, 1ST CROSS, CENTRAL JAIL, PARADANA AGRAHARA MAIN ROAD, VASTHE LAY OUT, CHANNAKESHAVA NAGAR, HOSA ROAD, ELECTRICITY POST, BENGALURU-560100 …RESPONDENTS (BY SRI VENKATESH R BHAGAT, ADV. FOR C/R2-7) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 27.02.2024 PASSED IN RA NO.31/2021 ON THE FILE OF ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHANNARAYAPATNA, HASSAN, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 6.04.2021 PASSED IN OS NO.66/2009 ON THE FILE OF II ADDITIONAL CIVIL JUDGE AND JMFC, CHANNARAYAPATNA. THIS APPEAL IS COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 6 - HC-KAR NC: 2026:KHC:3201 RSA No. 157 of 2025 CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT This matter is listed for orders on non-compliance of office objections for fifth time. Despite sufficient opportunity having been granted for compliance earlier, appellants were directed to comply with office objections till closure of Court hours. However, there is no representation and office objections remained un-complied. This would indicate that appellants are not diligently pursuing appeal. Appeal is dismissed for non-prosecution. Sd/- (RAVI V HOSMANI) JUDGE AV List No.: 2 Sl No.: 89