- 1 - HC-KAR NC: 2025:KHC-D:14974 RSA No. 5170 of 2013 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REGULAR SECOND APPEAL NO. 5170 OF 2013 (POS) BETWEEN: 1. 1A. 1B. 1C. 1D. 1E. SMT SHANTABAI W/O. PANDURANGACHARYA YAJURVEDI, R/O. YALAVIGI VILLAGE, TQ: SAVANUR SINCE DEAD DECASED BY LR'S KAMALAVVA D/O. PANDURANGACHARYA YAJURVEDI, AGE: 57 YEARS, OCC. HOUSEHOLD, R/O. YALAVIGI VILLAGE, TQ: SAVANUR, DIST. HAVERI, PIN CODE: 581118. SARSWATI D/O. PANDURANGACHARYA YAJURVEDI, AGE: 55 YEARS, OCC. HOUSEHOLD, R/O. YALAVIGI VILLAGE, TQ SAVANU, DIST.HAVERI, PIN CODE: 581118. NAGARANTNA D/O. PANDURANGACHARYA YAJURVEDI, AGE: 52 YEARS, OCC. HOUSEHOLD, R/O. YALAVIGI VILLAGE, TQ SAVANUR, DIST.HAVERI, PIN CODE: 581118. JAYASHREE D/O. PANDURANGACHARYA YAJURVEDI, AGE: 50 YEARS, OCC. HOUSEHOLD, R/O. YALAVIGI VILLAGE, TQ: SAVANUR, DIST. HAVERI, PIN CODE: 581118. SHAILA D/O. PANDURANGACHARYA YAJURVEDI, YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.11.05 14:27:41 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14974 RSA No. 5170 of 2013 1F. 1G. 1H. AGE: 55 YEARS, OCC. HOUSEHOLD, R/O. YALAVIGI VILLAGE, TQ SAVANUR, DIST.HAVERI, PIN CODE: 581118. PUTTAKKA D/O. PANDURANGACHARYA YAJURVEDI, AGE: 42 YEARS, OCC. HOUSEHOLD, R/O. YALAVIGI VILLAGE, TQ: SAVANUR, DIST.HAVERI, PIN CODE: 581118. LAXMI D/O. PANUDRANGACHARYA YAJURVEDI, AGE: 40 YEARS, OCC. HOUSEHOLD, R/O. YALAVIGI VILLAGE, TQ: SAVANUR, DIST.HAVERI, PIN CODE: 581118. LAXMI W/O. RAGHANNA YAJURVEDI, AGE: 45 YEARS, OCC. HOUSEHOLD, R/O. YALAVIGI VILLAGE, TQ SAVANUR, DIST.HAVERI, PIN CODE: 581118. …APPELLANTS (BY SRI. VASANTH G. HOLEYANNANAVAR, ADVOCATE) AND: 1. 2. 3. 4. GULABCHANDA S/O. JAVERCHANDA JAIN, AGE: 34 YEARS, OCC. AGRICULTURIST, YALAVIGI VILLAGE, TQ .SAVANUR DIST. HAVERI, PIN CODE: 581118. LEELUBAI D/O. JAVERCHANDA JAIN, AGE: 53 YEARS, OCC. AGRICULTURIST/ HOUSEHOLD, YALAVIGI VILLAGE, TQ .SAVANUR DIST. HAVERI, PIN CODE: 581118. NIRMAL D/O. JAVERCHANDA JAIN, AGE: 31 YEARS, OCC. AGRICULTURIST YALAVIGI VILLAGE, TQ .SAVANUR DIST. HAVERI, PIN CODE: 581118. SMT. BAYABAYA W/O. TOKARSI LALAKA, AGE: 78 YEARS, OCC. AGRICULURIST, - 3 - HC-KAR NC: 2025:KHC-D:14974 RSA No. 5170 of 2013 4A. 4B. YALAVIGI VILLAGE, TQ. SAVANUR, DIST. HAVERI, PIN CODE: 581118. (SINCE DECEASED BY HER LEGAL HEIRS) LEELUBAI S/O. JAVERCHANDA JAIN, AGE: 53 YEARS, OCC. AGRICULURIST/HOUSE HOLD, YALAVIGI VILLAGE, TQ .SAVANUR DIST. HAVERI, PIN CODE: 581118. NARESH S/O. TOKARSI LALAKA AGE: 58 YEARS, OCC. ENGINEER, YALAVIGI VILLAGE, TQ .SAVANUR DIST. HAVERI, PIN CODE: 581118. …RESPONDENTS (BY SRI. HARSH DESAI, ADVOCATE FOR R1 TO R3 AND R4(B)) THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO CALL FOR THE RECORDS, PERUSE THE SAME AND SET ASIDE THE JUDGMENT & DECREE DATED 06.03.2012 AND DECEE DATED 20.03.2012 PASSED BY THE CIVIL JUDGE AND JMFC, SAVANUR IN O.S.NO.7/2007 AND THE JUDGMENT DATED 30.01.2013 IN R.A.NO.63/2012 BY THE ADITIONAL SENIOR CIVIL JUDGE, HAVERI IN THE INTEREST OF JUSTICE AND EQUITY AND FURTHER IT IS PRAYED THAT THE HON’BLE HIGH COURT BE PLEASE TO REMAND BACK TO 1ST APPELLATE COURT TO DISPOSE THE CASE ON MERITS WITH GIVING AN OPPORTUNITY TO HEAR THE ARGUMENT ON MERITS. THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:14974 RSA No. 5170 of 2013 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C M JOSHI) None appears for the appellants. It is seen from the records that on several occasions there is no representation on behalf of the appellants. The matter is of the year 2013. On 10.10.2025, the matter was adjourned suo motu by this Court and it was indicated that it is adjourned as a last chance. Therefore, it seems that the appellants are not interested in prosecuting the case. Hence, the appeal is dismissed for non-prosecution. SD/- (C M JOSHI) JUDGE SSP CT:PA LIST NO.: 1 SL NO.: 14