- 1 - HC-KAR NC: 2025:KHC-D:10617 RSA No. 100101 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR SECOND APPEAL NO. 100101 OF 2024 BETWEEN: 1. SMT. SAROJAVVA W/O. HANAMARADDI HULAKOTI AGE: 73 YEARS, OCC. AGRICULTURE, R/O. MACHENAHALLI, TQ. SHIRAHATTI, DIST. GADAG-582120. 2. SMT. ANNAKKA @ ANNAPURNA W/O. KRISTARADDI NAGANUR AGE: 68 YEARS, OCC. AGRICULTURE, R/O. KADAMPUR, TQ. MUNDARAGI, DIST. GADAG-582103. 3. MANJUNATHARADDI S/O. RAGHUNATHARADDI NAGANUR AGE: 47 YEARS, OCC. AGRICULTURE, R/O. SAMBHAPUR, TQ. AND DIST. GADAG-582115. 4. VENKARADDI S/O. RAGHUNATHARADDI NAGANUR AGE: 35 YEARS, OCC. AGRICULTURE, R/O. SAMBHAPUR, TQ. AND DIST. GADAG 582115. 5. SMT. GEETA @ SANGEETA W/O. SHRIKANTRADDI MADALLI (D/O. RAGHUNATHARADDI NAGANUR) AGE: 32 YEARS, OCC. HOUSEHOLD WORK, R/O. SAMBHAPUR, TQ. AND DIST. GADAG 582112. …APPELLANTS (BY SRI. DINESH M. KULKARNI, ADVOCATE) AND: 1. NARAYANARADDI S/O. RAMARADDI HADAGALI CLAIMING AS ADOPTED SON OF TAYAVVA, Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.22 14:33:08 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10617 RSA No. 100101 of 2024 AGE: 52 YEARS, OCC. PRIVATE JOB, R/O. VADAVI HOSUR, TQ. SHIRAHATTI, DIST. GADAG-582112. 2. SMT. DEVAKKA W/O. SOMARADDI MULIMANI AGE: 89 YEARS, OCC. AGRICULTURE, R/O. MACHENAHALLI, TQ. SHIRAHATTI, DIST. GADAG-582120. 3. SMT. PADMAVVA W/O. VENKARADDI MULIMANI AGE: 60 YEARS, OCC. AGRICULTURE, R/O. MACHENAHALLI, TQ. SHIRAHATTI, DIST. GADAG-582120. 4. SHAMBUNATH S/O. VENKARADDI MULIMANI AGE: 30 YEARS, OCC. PRIVATE JOB, R/O. MACHENAHALLI, TQ. SHIRAHATTI, DIST. GADAG-582120. 5. BASAVARAJ S/O. VENKARADDI MULIMANI AGE: 28 YEARS, OCC. PRIVATE JOB, R/O. MACHENAHALLI, TQ. SHIRAHATTI, DIST. GADAG-582120. 6. VINAYAK S/O. VENKARADDI MULIMANI AGE: 23 YEARS, OCC. AGRICULTURE, R/O. MACHENAHALLI, TQ. SHIRAHATTI, DIST. GADAG-582120. 7. SHANTARADDI S/O. SOMARADDI MULIMANI AGE: 54 YEARS, OCC. AGRICULTURE, R/O. MALLESHWARAM, BANGALORE 560003, NOW R/O. MACHENAHALLI, TQ. SHIRHATTI, DIST. GADAG-582120. 8. RAMESHARADDI S/O. SOMARADDI MULIMANI AGE: 54 YEARS, OCC. AGRICULTURE, R/O. MACHENAHALLI, TQ. SHIRAHATTI, DIST. GADAG-582120. …RESPONDENTS (BY SRI. H.R. GUNDAPPA AND SRI. RAVI N. CHIKKARADDER, ADVOCATES) - 3 - HC-KAR NC: 2025:KHC-D:10617 RSA No. 100101 of 2024 THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO, SET ASIDE THE JUDGMENT AND DECREE PASSED BY THE SR. CIVIL JUDGE AND JMFC, LAXMESHWAR IN R.A.NO.4/2023 DATED 22.11.2023 AND ORDER PASSED BY THE CIVIL JUDGE AND JMFC, SHIRAHATTI ON I.A.NO.3 IN EXECUTION CASE NO.16/2019 DATED 23.09.2022 AS NULL AND VOID AND ALLOW I.A.NO.3 U/O 21 RULE 97 OF CPC FILED BY THE THIRD PARTY APPLICANTS IN EXECUTION CASE NO.16/2019 AND TO PASS ANY OTHER ORDERS THIS COURT DEEMS FIT IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Learned counsel for the appellants has filed memo dated 20.08.2025, in which, it is stated as under : “In this the Advocate for appellants begs to submit this memo as under : That, the appellants have preferred RFA No.100133/2024 in respect of subject matter of present appeal. The same is still pending. The parties in both appeals are one and same. Hence, the appellants have no interest to proceed with present second appeal. - 4 - HC-KAR NC: 2025:KHC-D:10617 RSA No. 100101 of 2024 Hence, the top noted case RSA.No.100101/2024 may please be disposed off as not pressed in the ends of justice and equity.” 3. In view of memo dated 20.08.2025, appeal is dismissed as not pressed. Sd/- (G BASAVARAJA) JUDGE CKK LIST NO.: 1 SL NO.: 7