- 1 - NC: 2024:KHC-D:1526-DB RFA No. 100018 of 2020 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF JANUARY, 2024 PRESENT THE HON'BLE MR JUSTICE S G PANDIT AND THE HON'BLE MR JUSTICE K V ARAVIND REGULAR FIRST APPEAL NO. 100018 OF 2020 (PAR/POS) BETWEEN: 1. SHIVANAND S/O.MAHADEVAPPA TADKOD, AGE: 56 YEARS, OCC: AGRICULTURE, R/O. HOSA ONI, PUDAKALAKATTI, TQ: DIST: DHARWAD. 2. YELLAPPA S/O. MAHADEVAPPA TADKOD, AGE: 39 YEARS, OCC: AGRICULTURE, R/O. HOSA ONI, PUDAKALAKATTI, TQ: DIST: DHARWAD. 3. BASAPPA S/O. MAHADEVAPPA TADKOD, AGE: 46 YEARS, OCC: AGRICULTURE, R/O. HOSA ONI, PUDAKALAKATTI, TQ: DIST: DHARWAD. …APPELLANTS (BY SRI. V. G. BHAT, ADVOCATE) AND: 1. MRUTUNJAYA S/O. BASAPPA HUMBERI AGE: 47 YEARS, OCC: AGRICULTURE, R/O. GALI ONI, HEBBALLI AGASI, MANGALWAR PETH, DHARWAD. 2. UMA W/O. LATE SHIVANANDAGOUDA PATIL, AGE: 39 YEARS, OCC: AGRICULTURE, R/O. SANGOLLI RAYANNA NAGAR, TEJASWINI NAGAR, DHARWAD-04. 3. NEELAVVA W/O. BASAPPA HUMBERI, AGE: 66 YEARS, OCC: COOLIE,, R/O. GALI ONI, HEBBALLI AGASI, CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2024.01.24 12:35:50 +0530 - 2 - NC: 2024:KHC-D:1526-DB RFA No. 100018 of 2020 MANGALWAR PETH, DHARWAD. 4. BASAPPA S/O. RUDRAPPA HUMBERI, AGE: 69 YEARS, OCC: HOTEL BUSINESS, R/O. MANAGUNDI, TQ: DIST: DHARWAD. …RESPONDENTS (BY SRI PRAKASH S. UDIKERI, ADV. FOR RESPONDENT NOS. 1 TO 3, NOTICE TO RESPONDENT NO.4 SERVICE HELD SUFFICIENT) THIS RFA IS FILED UNDER SEC. 96 READ WITH ORDER 41 RULE 1 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 21/12/2019 PASSED BY THE HON’BLE PRINCIPAL SENIOR CIVIL JUDGE AND C.J.M DHARWAD IN O.S. NO.128/2015 AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, S G PANDIT, J., DELIVERED THE FOLLOWING: JUDGMENT No representation for the appellants. 2. Paper book as directed, not filed. This Court on 20.12.2023 passed the following order: “The appellants’ counsel is absent and this Court vide order dated 31.07.2023 granted eight weeks’ time and after that, first time the matter has been listed. Hence, another two weeks’ time is granted to file paper book. - 3 - NC: 2024:KHC-D:1526-DB RFA No. 100018 of 2020 If paper book is not filed within two weeks, list this matter for dismissal immediately after winter vacation 2023.” Hence, appeal stands dismissed for non-filing of paper book. Sd/- JUDGE Sd/- JUDGE RKM List No.: 1 Sl No.: 24