- 1 - NC: 2025:KHC-K:2323 RSA No. 200407 of 2018 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR SECOND APPEAL NO. 200407 OF 2018 (PAR) BETWEEN: GOSIBATLA VIJAY PRAKASH S/O G. NARSA REDDY, AGE: 33 YEARS, OCC: BUSINESS OF COMMISSIONER AGENCY AND AGRICULTURE, R/O: H.NO.10-4-60, MAKTALPET, TQ. AND DIST: RAICHUR – 584 101. …APPELLANT (SRI GOSIBATLA VIJAY PRAKASH- APPELLANT (ABSENT) AND: 1. MERCHETHAL SRIRANGA S/O PRABHURAYA, AGE: 45 YEARS, OCC: ADVOCATE, R/O: H.NO.12-2-233, PLOT NO.4, RAJENDRA GUNJ, TQ. AND DIST: RAICHUR – 584 101. 2. MERCHETHAL ANUSUYAMMA S/O PRABHURAYA, AGE: 69 YEARS, OCC: HOUSEHOLD, R/O: H.NO.12-2-233, PLOT NO.4, Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2323 RSA No. 200407 of 2018 RAJENDRA GUNJ, TQ. AND DIST: RAICHUR – 584 101. 3. SMT. M. PREMA W/O LATE MERCHETHAL SIDRAMAPPA, AGE: 61 YEARS, OCC: HOUSEHOLD, R/O: H.NO.4-9-33, MANGALWARPET, RAICHUR, NOW NO.744, BHAGYANAGAR, 1ST CROSS, TILAK ROAD, ANNALGALLA, BELGAUM CITY, TQ. AND DIST: BELGAUM – 587 101. 4. MERCHETHAL BASAVARAJ S/O LATE ADENNA, AGE: 67 YEARS, OCC: AGRICULTURE, R/O: MANGALWARPET, BUKKET SHANTHAMMA ONI, TQ. AND DIST: RAICHUR – 584 101. 5. MERCHETHAL KALIDAS S/O LATE ADENNA AGE: 63 YEARS, OCC: ESTATE BUSINESS, R/O: BUKKET SHANTHAMMA ONI, MANGALWARPET, TQ. AND DIST: RAICHUR – 584 101. 6. GOSIBATLA NARSA REDDY S/O LATE YANKAPPA, AGE: 55 YEARS, OCC: PROP. M/S PADMASREE & CO, SHOP NO.29, RAJENDRA GUNJ, PLOT NO. 4, RAICHUR, R/O: H.NO. 10-4-63, MAKTALPET, TQ. AND DIST: RAICHUR – 584 101. 7. SMT. GOSIBATLA VASANTH W/O G. NARSA REDDY, AGE: 51 YEARS, - 3 - NC: 2025:KHC-K:2323 RSA No. 200407 of 2018 OCC: HOUSEHOLD & BUSINESS, R/O: H.NO.10-4-63, MAKTALPET, TQ. AND DIST: RAICHUR – 584 101. …RESPONDENTS (R1, R2, R4, R5 ARE SERVED) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE, PRAYING TO ALLOW THE APPEAL BY SETTING ASIDE THE JUDGMENT AND DECREE DATED 20.11.2018 PASSED IN R.A.NO.61/2013 BY THE I ADDITIONAL DIDSTRICT JUDGE RAICHUR AND VIDE JUDGMENT AND DECREE DATED 26.10.2007 PASSED IN O.S.NO.75/1999 BY THE PRINCIPAL CIVIL JUDGE (SR.DN), RAICHUR AND CONSEQUENTLY REMAND THE MATTER TO THE TRIAL COURT WITH DIRECTION TO PROVIDE OPPORTUNITY TO THE APPELLANT TO PERMIT HIM TO FILE WRITTEN STATEMENT AND TO ALLOW HIM TO PARTICIPATE IN THE TRIAL, IN THE INTEREST OF JUSTICE AND EQUITY. THIS REGULAR SECOND APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE - 4 - NC: 2025:KHC-K:2323 RSA No. 200407 of 2018 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Since the learned counsel appearing for the appellant is designated as Senior Counsel, name of the appellant is shown in the cause-list. There is no representation on behalf of the appellant. Hence, the appeal is dismissed for non-prosecution. Sd/- (ANANT RAMANATH HEGDE) JUDGE SVH List No.: 1 Sl No.: 16