- 1 - HC-KAR NC: 2025:KHC-D:14108 RSA No. 100092 of 2019 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REGULAR SECOND APPEAL NO. 100092 OF 2019 BETWEEN: 1. SHRI BHIMARAO S/O DONGARU PATIL, AGE: 63 YEARS, OCC. AGRICULOTURE, R/O. KALLEHOL, TQ. AND DIST. BELAGAVI -591104. 2. SHRI LAXMAN S/O DONGARU PATIL, AGE: 57 YEARS, OCC. AGRICULTURE, R/O. KALLEHOL, TQ. AND DIST. BELAGAVI-591104. …APPELLANTS (BY SRI. SANTOSH B. RAWOOT, ADVOCATE) AND: 1. SHRI ARJUN IRAPPA KAMBLE AGE: MAJOR, OCC. AGRICULTURE, R/O. KALLEHOL, TQ. AND DIST. BELAGAVI-591104. 2. SHRI ANIL KALLAPPA KAMBLE, AGE: MAJOR, OCC. AGRICULTURE, R/O. KALLEHOL, TQ. AND DIST. BELAGAVI-591104. 3. SHRI YALLAPPA RAJARAM DEVARMANI AGE: MAJOR, OCC. AGRICULTURE, R/O. KALLEHOL, TQ. AND DIST. BELAGAVI-591104. AND ALSO RESIDING AT TANAJI GALLI, MAJGAON, BELAGAVI. 4. SHRI VIJAY DEKHALU MARUCHE AGE: MAJOR, OCC. AGRICULTURE, R/O. KALLEHOL, TQ. AND DIST. BELAGAVI-591104. SHRI PRAKASH DEKHALU MRAUCHE, SINCE DECEASED BY HIS LRS., 5. SMT. SUNITA W/O PRAKASH MARUCHE AGE: 35 YEARS, OCC. HOUSEHOLD, R/O. KALLEHOL, TQ. AND DIST. BELAGAVI-591104. YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.10.18 10:51:27 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14108 RSA No. 100092 of 2019 6. KUMAR PRASHANT S/O. PRAKASH MARUCHE AGE: 18 YEARS, OCC. STUDENT, R/O. KALLEHOL, TQ. AND DIST.BELAGAVI-591104. 7. KUMAR PRATIK S/O. PRAKASH MARUCHE, AGE: 16 YEARS, OCC. STUDENT, R/O. KALLEHOL, TQ. AND DIST. BELAGAVI-591104.. SINCE MINOR R/BY HIS NEXT FRIND RESP.NO.5A. 8. SHRI SHATTUPPA LAXMAN BENAKE SINCE DECEASED BY HIS LRS., SHRI MALLAPPA S/O. SHATTUPPA BENAKE, AGE: MAJOR, OCC. CATERING WORK, R/O. KALLEHOL, TQ. AND DIST.BELAGAVI-591104. 9. SHRI JYOTIBA S/O. SHATTUPPA BENAKE, AGE: MAJOR, OCC. CATERING WORK, R/O. KALLEHOL, TQ. AND DIST. BELAGAVI-591104. 10. SHRI PRAKASH S/O. SHATTUPPA BENAKE, AGE: MAJOR, OCC. CATERING WORK, R/O.. KALLEHOL, TQ. AND DIST.BELAGAVI-591104. 11. KALPANA S/O. SHATTUPPA BENAKE, AGE: MAJOR, OCC. HOUSEHOLD WORK, R/O. KALLEHOL, TQ. AND DIST.BELAGAVI-591104. 12. SMT KRISHNABAI W/O. SHATTUPPA BENAKE, AGE: MAJOR, OCC. CATERING WORK, R/O. KALLEHOL, TQ. AND DIST.BELAGAVI-591104.. …RESPONDENTS (BY SRI. SANJAY S. KATAGERI, ADVOCATE FOR R1 TO R12; R6 AND R7 ARE MINORS, REP. BY M/G R5) THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGEMENT & DECREE DTD: 28.11.2018 PASSED IN R.A.NO.152/2017 ON THE FILE OF THE IV ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, BELAGAVI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DTD:04.08.2017, PASSED IN O.S. NO.467/2012 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE, BELAGAVI, DISMISSING THE SUIT FILED FOR PERMANENT INJUNCTION. - 3 - HC-KAR NC: 2025:KHC-D:14108 RSA No. 100092 of 2019 THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C M JOSHI) Though the matter was adjourned on three occasions at the request made by the learned counsel for the appellants, the learned counsel for the appellants again seeks for an adjournment. His prayer for adjournment is rejected and the appeal stands dismissed for non-prosecution. SD/- (C M JOSHI) JUDGE YAN CT:PA LIST NO.: 1 SL NO.: 24