- 1 - NC: 2025:KHC-D:2085 RSA No. 837 of 2007 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO. 837 OF 2007 (DEC-) BETWEEN: 1. MADIWALAPPA S/O ADIVEPPA HEMBALI, AGE. 52 YEARS, OCC. AGRICULTURE, 2. CHENABASAPPA S/O. ADIVEPPA HEMBALI, AGE. 50 YEARS, OCC. AGRICULTURE, 3. SHIVALINGAPPA S/O. ADIVEPPA HEMBALI, AGE. 48 YEARS, OCC. AGRICULTURE, 4.. KARABASAPPA S/O. ADIVEPPA HEMBALI, AGE. 46 YEARS, OCC. AGRICULTURE, ALL ARE R/O. DHUMMAWAD-580001, TALUK. KALAGHATGI, DIST. DHARWAD. …APPELLANTS (BY SRI. S.B. MATTUR ,ADVOCATE) AND: SMT. LEELAWATI W/O MAHADEVAPPA BABAJI, AGE. 45 YEARS, R/O. DHUMMAWAD- 580001, TALUK. KALAGHATGI, DIST. DHARWAD. …RESPONDENT (BY SRI. J.S. SHETTY AND ASSOCIATES, ADVOCATE) THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DATED: 24.11.2006 PASSED IN R.A.NO.181/2002 ON THE FILE OF THE III ADDL.CIVIL JUDGE (SR.DN.) & CJM, DHARWAD, ALLOWING THE APPEAL AND V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.05 15:14:40 +0530 - 2 - NC: 2025:KHC-D:2085 RSA No. 837 of 2007 SETTING ASIDE THE JUDGEMENT AND DECREE DATED: 16.8.2002 PASSED IN OS.NO.77/1999 ON THE FILE OF THE CIVIL JUDGE (JR.DN.) & JMFC, KALAGHATGI, AND RESTORE THE JUDGMENT AND DECREE OF THE TRIAL COURT, WITH COSTS THROUGH OUT, IN THE INTEREST OF JUSTICE. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE E.S.INDIRESH) No representation on behalf of the appellants when the matter was called in the morning session. No representation has been made when the matter is again called second time. Accordingly, the appeal stands dismissed for non-prosecution. Sd/- (E.S.INDIRESH) JUDGE YAN List No.: 1 Sl No.: 28