- 1 - HC-KAR NC: 2026:KHC:4086-DB RFA No. 477 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE T.M.NADAF REGULAR FIRST APPEAL NO. 477 OF 2013 (DEC/INJ) BETWEEN: 1. SRI B. KESHAVA MURTHY, S/O LATE BALURAPPA, AGED ABOUT 57 YEARS, 2. SRI. B. PRAKASH KUMAR, S/O LATE BALURAPPA, AGED ABOUT 53 YEARS, 3. SMT. VANAJAKSHI, W/O LATE SHIVALINGA NAYAK, D/O LATE BALURAPPA, AGED ABOUT 56 YEARS, 4. SMT. BHAGYAVATHI, W/O SRI. ANAND, D/O LATE BALURAPPA, AGED ABOUT 57 YEARS, 5. SMT. SHYMALA, W/O SRI. NEELAKANTA, D/O LATE BALURAPPA, AGED ABOUT 49 YEARS, 6. SMT. SAROJA DEVI, W/O SRI. VASANTA KUMAR, D/O LATE BALURAPPA, AGED ABOUT 47 YEARS, Digitally Signed by REKHA R Location : High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4086-DB RFA No. 477 of 2013 ALL RESIDING AT NO.17, IV MODEL HOUSE STREET, BASAVANAGUDI, BANGALORE - 560 004. APPELLANTS ARE REPRESENTED BY POWER OF ATTORNEY HOLDER SRI. MURTHY, S/O SHIVALINGA MANDRI, AGED ABOUT 47 YEARS, NO.35, OBALAPPA GARDEN, 1ST CROSS, TATA SILK FARM, BANGALORE - 560 082. …APPELLANTS (BY SRI.DWARAKANATH, ADVOCATE FOR A1 (ABSENT), SRI. R.A. CHANDRASHEKAR REDDY, ADVOCATE FOR A2-A6 (ABSENT), VIDE ORDER DATED 31.08.2023 APPEAL ABATES IN R/O APPELLANT NO.1) AND: 1. CORPORATION OF CITY OF BANGALORE, N.R SQUARE, REPRESENTED BY ITS COMMISSIONER, BANGALORE - 560 002. 2. THE ASSISTANT REVENUE OFFICER, BASAVANAGUDI RANGE, CORPORATION OF CITY OF BANGALORE BASAVANAGUDI, BANGALORE - 560 004. 3. JOINT COMMISISONER (SOUTH), CORPORATION OF CITY OF BANGALORE, N.R. SQUARE, BANGALORE - 560 004. - 3 - HC-KAR NC: 2026:KHC:4086-DB RFA No. 477 of 2013 4. SMT. NARASAMMA, AGED ABOUT 49 YEARS, W/O LATE B. SATHYANARAYANA, 5. SMT. SOUMYA, AGED ABOUT 31 YEARS, W/O SRI LOKESH, 6. SMT. RAMYA, AGED ABOUT 29 YEARS, W/O SRI NARENDRA, 7. SMT. JYOTHI, AGED ABOUT 28 YEARS, W/O SRI ANIL, RESPONDENTS NO.4 TO 7 ARE R/AT NO.377, CHANNAKESHAVA NILAYA, 5TH CROSS, SHABARINAGAR, BYTARAYANAPURA, E.B. ROAD, BANGALORE - 560 092. …RESPONDENTS (BY SRI. N R JAGADEESWARA, ADVOCATE FOR R1 TO R3; SRI. NARAYANA M.NAIK, ADVOCATE FOR R4, R5, R6, R7 ARE SERVED AND UNREPRESENTED, VIDE ORDER DATED 27.08.2018 R4-R7 ARE LR'S OF DECEASED P(A)) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION.96 OF CODE OF CIVIL PROCEDURE 1908, AGAINST THE JUDGMENT AND DECREE DATED 07.12.2012 PASSED IN O.S.1389/2008 ON THE FILE OF THE XXVII ADDL. CITY CIVIL JUDGE, BENGALURU, DISMISSING THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION. - 4 - HC-KAR NC: 2026:KHC:4086-DB RFA No. 477 of 2013 THIS APPEAL IS COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) Despite the matter being called out twice no one appears for the appellants. The appeal is dismissed for non- prosecution. Sd/- (JAYANT BANERJI) JUDGE Sd/- (T.M.NADAF) JUDGE TKN List No.: 1 Sl No.: 14 ct-vn