- 1 - NC: 2025:KHC-K:1556 RSA No. 200224 of 2016 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR SECOND APPEAL NO.200224 OF 2016 (SP) BETWEEN: 1. HAFIZABEE W/O KHASIM SAB, AGE: 57 YEARS, OCC: AGRI., 2. KARIMSAB S/O FAKIRSAB, AGE: 53 YEARS, OCC: AGRI., 3. MAHATABSAB S/O FAKIRSAB, AGE: 52 YEARS, OCC: AGRI., ALL R/O VILLAGE BATTARGA, TQ. ALAND, DIST. KALABURAGI-585 302. …APPELLANTS (BY SRI. S.B. HANGARKI, ADVOCATE) AND: 1 A) GUNDERAO S/O LAXMAN RAO KULKURNI, DECEASED BY HIS LRS, SUVARNA S/O LATE GUNDERAO KULKUARNI, AGE: 67 YEARS, OCC: AGRI., B) SURESH S/O LATE GUNDERAO KULKARNI, AGE: 47 YEARS, OCC: AGRI., C) CHITTAKKA D/O LATE GUNDERAO KULKURNI, AGE: 37 YEARS, OCC: AGRI., Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1556 RSA No. 200224 of 2016 D) AMBAKKA D/O LATE GUNDERAO KULKARNI, AGE: 32 YEARS, OCC: AGRI., E) PUTTAKKA D/O LATE GUNDERAO KULKARNI, AGE: 49 YEARS, OCC: AGRI., F) CHALLAKKA D/O LATE GUNDERAO KULKARNI, AGE: 30 YEARS, OCC: AGRI., 2) MEHAROON BEE W/O LADLESAB, AGE: 62 YEARS, OCC: HOUSEHOLD, 3) RAFEEQ S/O LADLESAB, AGE: 28 YEARS, OCC: AGRI., ALL R/O VILLAGE BATTARGA-585 302, TQ. ALAND, DIST. KALABURAGI. …RESPONDENTS THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO SETTING ASIDE THE IMPUGNED JUDGMENT AND DECREE DT. 24.04.2009 PASSED IN O.S. NO. 110/2001 BY THE COURT OF THE ADDL. CIVIL JUDGE (JR. DN.), ALAND, AND THE JUDGMENT AND DECREE DT. 17.12.2015 PASSED IN R.A. NO. 22/2009 BY THE COURT OF THE SENIOR CIVIL JUDGE, ALAND AND B) CONSEQUENTLY THE COUNTER CLAIM OF INJUCTION SOUGHT BY THE APPELLANTS BE GRANTED. THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE - 3 - NC: 2025:KHC-K:1556 RSA No. 200224 of 2016 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Learned counsel for the appellants files a memo along with a letter addressed to the appellants. The letter is sent through a Registered Post. Learned counsel for the appellants submits that he has no instructions. Memo is taken on record. Accordingly, appeal is dismissed for non prosecution. Sd/- (ANANT RAMANATH HEGDE) JUDGE CHS List No.: 1 Sl No.: 15 CT: AK