Mallikarjun Vs Marlingegowda — Karnataka HC (2025) — LawSathi Research

Mallikarjun Vs Marlingegowda — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:44246 RSA No. 1339 of 2013

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3^RD DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE ASHOK S.KINAGI

REGULAR SECOND APPEAL NO. 1339 OF 2013 (PAR)

BETWEEN:

MALLIKARJUN

S/O MARLINGEGOWDA AGED ABOUT 33 YEARS

R/AT MYSORE TALUK & MYSORE DISTRICT

Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA

SHIVAKUMAR S/O MARLINGEGOWDA AGED 31 YEARS R/AT MYSORE TALUK & MYSORE DISTRICT

JAGADEESHA S/O MARLINGEGOWDA AGED 29 YEARS R/AT MYSORE TALUK & MYSORE DISTRICT

YASHODA W/O JAYARAMA AGED 42 YEARS R/AT MYSORE TALUK & MYSORE DISTRICT

SHRUTHI D/O JAYARAMA AGED 21 YEARS

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HC-KAR

R/AT MYSORE TALUK & MYSORE DISTRICT

DHARMENDRA S/O JAYARAMA AGED 14 YEARS MINOR, REP. BY NATURAL GUARDIAN, MOTHER R/AT MYSORE TALUK & MYSORE DISTRICT

KAMAKSHI W/O SHANTHAKUMAR AGED 32 YEARS R/AT MYSORE TALUK & MYSORE DISTRICT

BHOOMIKA D/O SHANTHAKUMAR AGED 13 YEARS MINOR, REP. BY NATURAL GUARDIAN, MOTHER, SMT. KAMAKSHI R/AT MYSORE TALUK & MYSORE DISTRICT

BHARATHRAJ S/O SHANTHAKUMAR AGED 11 YEARS MINOR, REP. BY NATURAL GUARDIAN, MOTHER, SMT. KAMAKSHI R/AT MYSORE TALUK & MYSORE DISTRICT

KAMALAMMA D/O LATE CHENNEGOWDA AGED 51 YEARS R/AT KANIYANAHUNDI VILLAGE, MYSORE TALUK, MYSORE DISTRICT - 571 604

…APPELLANTS

[PARTIES IN PERSON (ABSENT)]

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HC-KAR

AND:

MARLINGEGOWDA S/O LATE CHENNEGOWDA AGED ABOUT 57 YEARS

JAYARAMA S/O LATE CHENNEGOWDA AGED 45 YEARS

SHANTHAKUMARA S/O LATE CHANNEGOWDA AGED 38 YEARS

ALL ARE R/AT BHOGADI VILLAGE, KASABA HOBLI

MYSORE TALUK & MYSORE DISTRICT - 571 604

H. S. NANJUNDASWAMY S/O H.N. SEETHARAMAIAH AGED 57 YEARS

SMT. BHARATHISWAMY S/O H.S. NANJUNDASWAMY AGED 49 YEARS

RESPONDENT Nos.4 & 5 ARE R/AT D.NO.2410, 1^ST CROSS HOSABANDIKERI K.R. MOHALLA MYSORE CITY - 571 604.

…RESPONDENTS

(R1 TO R4 ARE SERVED SRI. RAVINDRA BABU, ADVOCATE FOR R5)

THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DTD 22.4.2013 PASSED IN R.A.NO.202/2012 ON THE FILE OF VI ADDITIONAL DISTRICT JUDGE, MYSORE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD 2.3.2012 PASSED IN

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HC-KAR

OS.NO.1010/2006 ON THE FILE OF IV ADDITIONAL SENIOR CIVIL JUDGE, MYSORE.

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

CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

ORAL JUDGMENT

This appeal is field by the appellants through a counsel. The learned counsel for the appellants filed a Memo for retirement, wherein it is stated that he has issued a notice dated 11.08.2017 to the appellants, and some of the appellants received the notice, however, the postal covers sent to some of the appellants, returned with an endorsement as "unclaimed".

This Court vide order dated 28.10.2025 permitted the learned counsel for the appellants to retire from the case and the office was directed to reflect the name of the appellants in the cause-list.

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NC: 2025:KHC:44246 RSA No. 1339 of 2013

HC-KAR

Appellants called out—absent. No representation is

made for the appellants.

As the appeal is of the year 2013, it appears that the appellants are not interested in prosecuting the appeal.

Accordingly, the appeal is dismissed for nonprosecution .

Sd/(ASHOK S.KINAGI) JUDGE

RK

CT:KHV List No.: 2 Sl No.: 6