- 1 - HC-KAR NC: 2025:KHC-D:16280-DB RFA No. 100370 of 2019 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 25TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI R.F.A. NO.100370 OF 2019 (SP) BETWEEN: 1. SHRI KAREPPA VITHAL HADAKAR, SINCE DECEASED BY HIS LRS. SHRI GOPAL KAREPPA HADAKAR, AGE: 38 YEARS, OCC: AGRICULTURE, R/O. HARUGERI, TQ: RAIBAG, DIST: BELAGAVI, ALSO RESIDING AT: KANERI, TAL: KOLAHAPUR, MAHARASHTRA-416234. 2. SHRI BHIMAPPA KAREPPA HADAKAR, AGE: 34 YEARS, OCC: AGRICULTURE, R/O. HARUGERI, TQ: RAIBAG, DIST: BELAGAVI, ALSO RESIDING AT: KANERI, TAL: KOLAHAPUR, MAHARASHTRA-416234. 3. SHRI PUNDALIK KAREPPA HADAKAR, AGE: 28 YEARS, OCC: AGRICULTURE, R/O. HARUGERI, TAL: RAIBAG, DIST: BELAGAVI, ALSO RESIDING AT: KANERI, TAL: KOLHAPUR, MAHARASHTRA-416234. 4. SHRI VITHAL KAREPPA HADAKAR, AGE: 25 YEARS, OCC: AGRICULTURE, R/O. HARUGERI, TAL: RAIBAG, DIST: BELAGAVI, ALSO RESIDING AT: KANERI, TAL: KOLHAPUR, MAHARASHTRA-416234. Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench. - 2 - HC-KAR NC: 2025:KHC-D:16280-DB RFA No. 100370 of 2019 5. SHRI MARUTI VITHAL HADAKAR, AGE: 60 YEARS, OCC: AGRICULTURE, R/O. HARUGERI, TAL: RAIBAG, DIST: BELAGAVI, ALSO RESIDING AT: KANERI, TAL: KOLHAPUR, MAHARASHTRA-416234. 6. SHRI SHETTEPPA VITHAL HADAKAR, AGE: 48 YEARS, OCC: AGRICULTURE, R/O. HARUGERI, TQ: RAIBAG, DIST: BELAGAVI, ALSO RESIDING AT: KANERI, TAL: KOLHAPUR, MAHARASHTRA-416234. …APPELLANTS (BY SRI. PRASAD R. SIDHANTI, ADVOCATE) AND: SHRI HANAMANT LAXMAN BANAJ, AGE: 46 YEARS, OCC: AGRICULTURE, R/O. HARUGERI, TAL: RAIBAG, DIST: BELAGAVI. …RESPONDENT (BY SRI. SHRIHARSH A. NEELOPANT, ADVOCAE) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CPC., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, RAIBAG, AT: RAIBAG, IN O.S. NO.126/2014 DATED 22.07.2016 AND FURTHER BE PLEASED TO DISMISS THE SUIT OF THE PLAINTIFF IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI - 3 - HC-KAR NC: 2025:KHC-D:16280-DB RFA No. 100370 of 2019 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) 1. By the order dated 23.08.2024, the following order was passed : “None appears for appellants. It is seen that to explain delay in filing the appeal, the application under Section 5 of the Limitation Act is filed in two sets. The applications is accompanied by two affidavits that are entirely different. This can only indicate lackadaisical approach, and this must visit some consequences. Hence, the appeal is adjourned on costs of Rs.5,000/- payable to the Advocates’ Association Library Fund’. It is observed that if the proper affidavits are not filed and cost paid as aforesaid within two weeks, the appeal shall be listed for appropriate orders.” 2. However, proper affidavits have not been filed in terms of the directions issued by this Court. - 4 - HC-KAR NC: 2025:KHC-D:16280-DB RFA No. 100370 of 2019 3. Matter is called out. There is no representation for the appellants. Appeal is accordingly dismissed for non prosecution. Sd/- (R.DEVDAS) JUDGE Sd/- (B. MURALIDHARA PAI) JUDGE CKK /CT-AN List No.: 1 Sl No.: 4