IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.1701 OF 2024 (INJ)

BETWEEN:

1. ARIFULLA SHARIFF S/O YAKUB SHARIFF AGED ABOUT 60 YEARS R/O SARGURU VILLAGE CHANDAKAVADI HOBLI CHAMARAJANAGAR DISTRICT-571313.

…APPELLANT (BY SRI. SYED AKBAR PASHA, ADVOCATE - ABSENT)

AND:

1. BANGARU S/O VENKATARANGANAYAKA Digitally signed AGE: MAJOR by DEVIKA M R/O MEGALANAYAKA STREET Location: HIGH CHAMARAJANAGARA TOWN-571313.

COURT OF KARNATAKA NAGANAYAKA S/O SHANKARNAYAKA SINCE DEAD BY LRS. 2. DHANIYAKUMAR S/O LATE NAGANAYAKA AGED ABOUT 57 YEARS R/O MEGALANAYAKA STREET

3. C.N. SUBRAMANYA S/O LATE NAGANAYKA AGED ABOUT 53 YEARS R/O MEGALANAYAKA STREET CHAMARAJANAGARA TOWN-571313.

4. PADMA D/O LATE NAGANAYKA AGED ABOUT 42 YEARS R/O MEGALANAYAKA STREET CHAMARAJANAGARA TOWN-571313.

5. NAGENDRA S/O LATE NAGANAYAKA AGED ABOUT 40 YEARS R/O MEGALANAYAKA STREET CHAMARAJANAGARA TOWN-571313.

C.S. SUNDARJU S/O SHANKARANAYAKA SINCE DEAD BY LRS

6. RUKKAMMA W/O LATE SUNDARNAYKA AGED ABOUT 59 YEARS R/O MEGANYAKARA BEEDI CHAMARAJANAGARA TOWN-571313.

7. MAMATHA D/O LATE SUNDARANAYKA AGED ABOUT 50 YEARS R/O MEGANYAKARA BEEDI

8. LOKESH S/O LATE SUNDARANAYKA AGED ABOUT 44 YEARS R/O MEGANYAKARA BEEDI

9. JAGADEESH S/O LATE SUNARANAYKA AGED ABOUT 43 YEARS R/O MEGANYAKARA BEEDI CHAMARAJANAGARA TOWN-571313.

10. SUNITHA D/O LATE SUNDARANAYKA AGED ABOUT 39 YEARS R/O MEGANYAKARA BEEDI CHAMARAJANAGARA TOWN-571313.

…RESPONDENTS THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 01.10.2024. PASSED IN R.A.NO.05/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND CJM, CHAMARAJANAGARA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 15.12.2018 PASSED IN O.S.NO.190/2013 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE, CHAMARAJANAGARA.

THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE H.P.SANDESH

ORAL JUDGMENT

This matter is called twice, in the morning session and also in the afternoon and no representation. This Court also in the previous date of hearing i.e., on 30.10.2025, taken note of when the matter was listed on 15.10.2025, submission was made that senior counsel has been admitted to the hospital and sought time and this Court granted time, but no representation in the previous date also and hence, in the ends of justice, this Court has given one more opportunity to the counsel for the appellant and also made it clear that if the counsel for the appellant does not appear on the next date of hearing, the appeal will be dismissed for non-prosecution and inspite of this order also, even today also the matter is called twice, but no representation. Hence, second appeal is dismissed for non-prosecution.

2. In view of dismissal of the appeal, I.As., if any do not survive for consideration, the same stands disposed of.

Sd/-

(H.P.SANDESH)

JUDGE RHS List No.: 1 Sl No.: 49