- 1 - NC: 2025:KHC-K:2536 RSA No. 200318 of 2017 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE REGULAR SECOND APPEAL NO. 200318 OF 2017 (INJ) BETWEEN: 1. SMT.SHIVAMMA W/O MAREPPA, AGE: 87 YEARS, OCC: HOUSEHOLD, R/O: H.NO.12-10-67/A, SIYATALAB, RAICHUR, DIST: RAICHUR – 584 101. 2. ANAND @ ANANDAPA S/O MAREPPA, AGE: 50 YEARS, OCC: CENTERING MASON, /O: H.NO.12-10-67/A, SIYATALAB, RAICHUR, DIST: RAICHUR – 584 101. 3. VENKATESH S/O SHANKRAPPA AGE: 35 YEARS, OCC: BUSINESS, R/O: SIYATALAB, RAICHUR, DIST: RAICHUR – 584 101. …APPELLANTS (SMT. SHIVAMMA AND OTHERS APPELLANTS (ABSENT) AND: 1. T.VENKAT RAO S/O T. GANADAYYA, Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2536 RSA No. 200318 of 2017 AGE: 61 YEARS, OCC: BUSINESS, R/O: C/O: MANJU WINES, GUNJ ROAD, RAICHUR DIST: RAICHUR – 584 101. 2. S. RAVI KUMAR S/O S. SHASHIDHAR AGE: 53 YEARS, R/O: C/O: MANJU WINES, GUNJ ROAD, RAICHUR DIST: RAICHUR – 584 101. 3. G. ARUNA KUMAR S/O LATE G. SHANTHA REDDY AGE: 25 YEARS, OCC: STUDENT, R/O: H.NO.10-7-55, MAKTALPET, RAICHUR, DIST: RAICHUR – 584 101. 4. G. RAVIKIRAN REDDY S/O G. BASAVARAJ REDDY AGE: 23 YEARS, OCC: STUDENT, R/O: H.NO.10-7-55, MAKTALPET, RAICHUR, DIST: RAICHUR – 584 101. …RESPONDENTS THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC, PRAYING TO ALLOW THE APPEAL BY SETTING ASIDE THE JUDGMENT AND DECREE DATED 29.11.2008 PASSED IN O.S.NO.97/2005 BY THE ADDITIONAL CIVIL JUDGE (JR.DN.), RAICHUR AND VIDE JUDGMENT AND DECREE DATED 18.08.2017, PASSED IN R.A.NO.4/2009 BY THE PRINCIPAL SENIOR CIVIL JUDGE, RAICHUR AND CONSEQUENTLY DECREE THE SUIT OF THE PLAINTIFFS, 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 - 3 - NC: 2025:KHC-K:2536 RSA No. 200318 of 2017 ORAL JUDGMENT (PER: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) Sri Ajay Kumar A.K., learned counsel for the appellants files a memo for retirement. 2. The said memo is taken on record. 3. Learned counsel for the appellants is permitted to retire from the case. 4. There is no representation on behalf of the appellants. 5. Hence, the appeal stands dismissed for non- prosecution. Sd/- (ANANT RAMANATH HEGDE) JUDGE TMP List No.: 1 Sl No.: 17