- 1 - NC: 2026:KHC:33445 RSA No. 78 of 2012 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.78 OF 2012 (INJ) BETWEEN: 1. SMT. JAYAMMA, W/O KARISIDDAPPA, AGED ABOUT 46 YEARS, GARDENER, R/AT DAVANAGERE CITY MUNICIPALITY, DAVANAGERE-577002. 2. PANDURAJA, S/O LATE KARISIDDAPPA, AGED ABOUT 34 YEARS, SECOND DIVISION CLERK, ACCOUNT SECTION, CITY MUNICIPALITY, DAVANAGERE-577002. Digitally signed …APPELLANTS by DEVIKA M Location: HIGH (BY SRI. M. RAM BHAT, ADVOCATE - ABSENT) COURT OF KARNATAKA AND: 1. SMT. NAGARATHNAMMA, W/O BRAHMAPPA CHALAGERI, SINCE DEAD BY HER LR. 1(a) SRI. MANOHAR KUMAR C.B., S/O LATE BRAHMAPPA CHALAGERI, AGED ABOUT 63 YEARS, R/O. NO.45, BELAKU, JNANAVIHAR EXTENSION, - 2 - NC: 2026:KHC:33445 RSA No. 78 of 2012 HC-KAR NEAR COUNTRY CLUB, VIDHYANAGAR, SHIVAMOGGA-577203. (AMENDED VIDE COURT ORDER DATED 26.04.2019) 2. DAVANAGERE CITY MUNICIPALITY, DAVANAGERE-577002, BY ITS COMMISSIONER. 3. S.K. LOKESH, S/O LATE KARISIDDAPPA, AGED ABOUT 41 YEARS, C/O SMT. JAYAMMA, R/O. M.C.C.BLOCK, DAVANAGERE-577002. 4. S.K. CHANDRASHEKAR, S/O LATE KARISIDAPPA, AGED ABOUT 34 YEARS, C/O SMT. JAYAMMA, R/O M.C.C.BLOCK, DAVANAGERE-577002. …RESPONDENTS (BY SRI. B.S.SACHIN, ADVOCATE FOR R1(a); SRI. B.K.MANJUNATH, ADVOCATE FOR R2; VIDE ORDER DATED 07.02.2013, NOTICE TO R3 AND R4 DISPENSED WITH)

THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 17.09.2011 PASSED IN R.A.NO.34/2006 ON THE FILE OF THE II ADDL. DISTRICT JUDGE, DAVANAGERE, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 15.02.2006 PASSED IN O.S.NO.160/1995 ON THE FILE OF THE PRL. CIVIL JUDGE (SR.DN), DAVANAGERE. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2026:KHC:33445 RSA No. 78 of 2012 HC-KAR CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT When this matter was listed on 22.06.2026, the learned counsel for the appellants was absent. Hence, this Court directed the learned counsel for the appellants to clarify with regard to the submission of the learned counsel for the respondents that an alternative site is given to the appellants. This Court also made it clear that if the learned counsel for the appellants fails to appear on the next date of hearing, the appeal will be dismissed. Inspite the matter is listed for dismissal, there is no representation on behalf of the appellants. Hence, the appeal is dismissed. Sd/- (H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 73

- 1 - NC: 2026:KHC:33445 RSA No. 78 of 2012 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.78 OF 2012 (INJ) BETWEEN: 1. SMT. JAYAMMA, W/O KARISIDDAPPA, AGED ABOUT 46 YEARS, GARDENER, R/AT DAVANAGERE CITY MUNICIPALITY, DAVANAGERE-577002. 2. PANDURAJA, S/O LATE KARISIDDAPPA, AGED ABOUT 34 YEARS, SECOND DIVISION CLERK, ACCOUNT SECTION, CITY MUNICIPALITY, DAVANAGERE-577002. Digitally signed …APPELLANTS by DEVIKA M Location: HIGH (BY SRI. M. RAM BHAT, ADVOCATE - ABSENT) COURT OF KARNATAKA AND: 1. SMT. NAGARATHNAMMA, W/O BRAHMAPPA CHALAGERI, SINCE DEAD BY HER LR. 1(a) SRI. MANOHAR KUMAR C.B., S/O LATE BRAHMAPPA CHALAGERI, AGED ABOUT 63 YEARS, R/O. NO.45, BELAKU, JNANAVIHAR EXTENSION, - 2 - NC: 2026:KHC:33445 RSA No. 78 of 2012 HC-KAR NEAR COUNTRY CLUB, VIDHYANAGAR, SHIVAMOGGA-577203. (AMENDED VIDE COURT ORDER DATED 26.04.2019) 2. DAVANAGERE CITY MUNICIPALITY, DAVANAGERE-577002, BY ITS COMMISSIONER. 3. S.K. LOKESH, S/O LATE KARISIDDAPPA, AGED ABOUT 41 YEARS, C/O SMT. JAYAMMA, R/O. M.C.C.BLOCK, DAVANAGERE-577002. 4. S.K. CHANDRASHEKAR, S/O LATE KARISIDAPPA, AGED ABOUT 34 YEARS, C/O SMT. JAYAMMA, R/O M.C.C.BLOCK, DAVANAGERE-577002. …RESPONDENTS (BY SRI. B.S.SACHIN, ADVOCATE FOR R1(a); SRI. B.K.MANJUNATH, ADVOCATE FOR R2; VIDE ORDER DATED 07.02.2013, NOTICE TO R3 AND R4 DISPENSED WITH)

THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 17.09.2011 PASSED IN R.A.NO.34/2006 ON THE FILE OF THE II ADDL. DISTRICT JUDGE, DAVANAGERE, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 15.02.2006 PASSED IN O.S.NO.160/1995 ON THE FILE OF THE PRL. CIVIL JUDGE (SR.DN), DAVANAGERE. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2026:KHC:33445 RSA No. 78 of 2012 HC-KAR CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT When this matter was listed on 22.06.2026, the learned counsel for the appellants was absent. Hence, this Court directed the learned counsel for the appellants to clarify with regard to the submission of the learned counsel for the respondents that an alternative site is given to the appellants. This Court also made it clear that if the learned counsel for the appellants fails to appear on the next date of hearing, the appeal will be dismissed. Inspite the matter is listed for dismissal, there is no representation on behalf of the appellants. Hence, the appeal is dismissed. Sd/- (H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 73