- 1 - HC-KAR NC: 2026:KHC:22728 RSA No. 962 of 2010 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR SECOND APPEAL NO.962 OF 2010 (PAR) BETWEEN: 1. SMT.GURAMMA W/O PUJARI BORAIAH, AGED ABOUT 75 YEARS 2. NAGARAJA S/O LATE PUJARI BORAIAH, AGED ABOUT 59 YEARS, 3. NAGESHI S/O LATE PUJARI BORAIAH, AGED ABOUT 57 YEARS, 4. GURUSWAMY S/O LATE PUJARI BORAIAH, AGED ABOUT 41 YEARS, 1 TO 4 ARE R/O CHANNAHALLI VILLAGE, CHALLAKERE TALUK, CHITRADURGA DISTRICT. 5. SMT. THIPPAKKA D/O LATE PUJARI BORAIAH W/O THIPPESHI, AGED ABOUT 47 YEARS, JAGALUR GOLLARAHATTI, JAGALUR TALUK-577528. 6. SMT. KARIBASAMMA D/O LATE PUJARI BORAIAH, W/O GANGANNA, AGED ABOUT 45 YEARS, R/O VENKATAMMANAHALLI Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22728 RSA No. 962 of 2010 RAYADURGA TALUK, ANDHRA PRADESH-533008. 7. PUJARI DODDA GURANNA S/O KENGAPPA SINCE DEAD BY HIS LRs. (a) SMT. PALAMMA W/O LATE POOJARI DODDA GURANNA, AGED ABOUT 80 YEARS, (b) SRI JAYANNA S/O LATE POOJARI DODDA GURANNA, AGED ABOUT 60 YEARS, (c) SRI P.G. GURUSWAMY S/O LATE POOJARI DODDA GURANNA, AGED ABOUT 58 YEARS, (d) SMT. LALITHAMMA D/O LATE POOJARI DODDA GURANNA, AGED ABOUT 48 YEARS, (e) SRI THIPPESHI D/O LATE POOJARI DODDA GURANNA, AGED ABOUT 42 YEARS, 7(a) TO (e) ARE RESIDING AT OBANAHALLI VILLAGE, CHALLAKERE TAKUK, CHITRADURGA DIST.-577538. (AMENDMENT CARRIED OUT VIDE ORDER DATED 29.10.2022) 8. NAGARAJA S/O KENGAPPA, AGED ABOUT 62 YEARS, - 3 - HC-KAR NC: 2026:KHC:22728 RSA No. 962 of 2010 9. GURANNA S/O BASAIAH, AGED ABOUT 48 YEARS, SL. NO.8 & 9 ARE R/O CHANNAHALLI VILLAGE, CHALLAKERE TALUK, CHITRADURGA DISTRICT-577522. …APPELLANTS (BY SRI NANJUNDARADYA B.G., ADVOCATE FOR A-7(a-e) (ABSENT)) AND: 1. NAGARAJA S/O LAKKU MUTHAIAH, AGED ABOUT 60 YEARS, 1ST MAIN ROAD, MADAKARINAGAR (INJIM HETTI) CHITRADURGA TOWN, CHITRADURGA DISTRICT-577501. 2. NAGABHUSHANA S/O GURANNA @ BOOTHAIAH, AGED ABOUT 32 YEARS, 3. JAYAPRAKASH S/O GURANNA @ BOOTHAIAH, AGED ABOUT 26 YEARS, 4. SMT. PADMA W/O BASAVARAJU, AGED ABOUT 35 YEARS, 5. P. GURANNA @ P. GURAPPA S/O POOJARI PALAIAH, AGED ABOUT 63 YEARS, 2 TO 5 ARE R/AT JAGALUR, GOLLARAHALLI VILLAGE, MARENAHALLI POST, KASABA HOBLI, JAGALUR TALUK, DAVANGERE DISTRICT-577528. …RESPONDENTS (BY SRI HARISH GANAPATHY, ADVOCATE FOR C/R-1; R-2, 3, 4 AND 5 ARE SERVED) - 4 - HC-KAR NC: 2026:KHC:22728 RSA No. 962 of 2010 THIS RSA IS FILED UNDER SECTION 100 R/W ORDER XLII RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 02.02.2010 PASSED IN R.A.36/2006 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) CHALLAKERE, DISMISSING THE APPEAL CONFIRMING THE JUDGMENT AND DECREE DATED 09.06.2006 PASSED IN O.S.NO.53/2001 ON THE FILE OF THE CIVIL JUDGE (JR.DN.) AND JMFC., MOLAKALMURU. THIS APPEAL COMING ON FOR ‘DISMISSAL’, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT This Court on 10.04.2026 passed the following order: “There is no representation for the appellants. List the matter under the caption ‘dismissal’ on 24.04.4026. In the event, the counsel for the appellants does not appear, appropriate orders would be passed.” Today, the matter is listed for ‘dismissal’. Even today there is no representation for the appellant Nos. 7(a) to (e). The appellants 1 to 6, 8 and 9 have chosen to remain unrepresented. The appeal is of the year 2010. It appears that the appellants are not interested in - 5 - HC-KAR NC: 2026:KHC:22728 RSA No. 962 of 2010 prosecuting the matter. Hence, the appeal is dismissed for non-prosecution. Sd/- ____________________ JUSTICE K.S. HEMALEKHA CKL List No.: 1 Sl No.: 63