- 1 - NC: 2025:KHC-D:4891 RSA No. 1724 of 2007 C/W RSA No. 984 of 2008 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO. 1724 OF 2007 (DEC/INJ-) C/W REGULAR SECOND APPEAL NO. 984 OF 2008 IN R.S.A.NO.1724/2007 BETWEEN: SRI JAGADGURU TONTADASWAMY SAMSTHAN MATH, GADAG, A PUBLIC TRUST BY ITS SOLE TRUSTEE SRI. MANNIRANJAN JAGADAGURU TONTADA SIDDALING MAHASWAMIJI, AGED 54 YEARS, OCC: DHARMOPADESH, R/O: GADAG, TQ: GADAG-582101. …APPELLANT (BY SRI. SURESH P. HUDEDAGADDI, ADVOCATE) AND: 1. SMT. VAJARABI W/O. MEERASAB MULIANAVAR, AGED ABOUT 77 YEARS, OCC: HOUSEHOLD WORKS, R/AT: SHIROL, TQ: NARAGUND-582212, SINCE DECEASED BY LRS. 2. SMT. MAMATAJ BEGUM W/O. ABBAS ALI MULLA, AGED ABOUT 38 YEARS, OCC: HOUSEHOLD WORK, R/O: RON, TQ: RON-582209. 3. SRI. HUSENSAB S/O. MEERASAB MULLANAVAR, AGED ABOUT 59 YEARS, OCC: RETIRED SOLDIER, R/AT: SHIROL, TQ: NARAGUND-582212. MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:4891 RSA No. 1724 of 2007 C/W RSA No. 984 of 2008 4. SRI. MOULASAB S/O. MEERASAB MULLANAVAR, AGED ABOUT 56 YEARS, OCC: RETIRED SOLDIER, R/AT: SHIROL, TQ: NARAGUND-582212. 5. SRI. ABUBAKAR S/O. MEERSASAB MULLANAVAR, AGED ABOUT 52 YEARS, OCC: RETIRED SOLDIER, R/AT: SHIROL, TQ: NARAGUND-582212. 6. SRI. KUTUBUDEEN S/O. MEERASAB MULLANAVAR, AGED ABOUT 52 YEARS, OCC: RETIRED SOLDIER, R/AT: SHIROL, TQ: NARAGUND-582212. …RESPONDENTS (BY SRI. SANGRAM S. KULKARNI, ADVOCATE) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC PRAYING TO SET ASIDE THE JUDGMENT & DECREE PASSED BY THE LEARNED CIVIL JUDGE (SR.DN.) & CJM, GADAG IN R.A.NO.67/2002 DATED 17.03.2007 AND JUDGMENT AND DECREE PASSED BY THE LEARNED CIVIL JUDGE (JR.DN.) & JMFC, GADAG IN O.S. NO.2/98 DATED 18.04.2002 AND PLEASE TO DECREE THE SUIT. IN R.S.A. NO.984 OF 2008 (PAR-) BETWEEN: JAGADGURU TONTADA SWAMY SAMSTHANMATH GADAG, BY ITS SOLE TRUSTEE SRI. MANNIRANJAN JAGADGURU TONTAD SHIDDALINGASWAMIGALU SAMSTHAN MATH, GADAG BY HIS GPA MALLIKARJUNA SHIVAPPA ANGADI, AGE: 44 YEARS, TEACHER, SRI. JAGADGURU TONDRAYASANSKRIT SCHOOL, GADAG-582101. …APPELLANT (BY SRI. SURESH P. HUDEDAGADDI, ADVOCATE) - 3 - NC: 2025:KHC-D:4891 RSA No. 1724 of 2007 C/W RSA No. 984 of 2008 AND: WAZEERABI W/O. MEERASAB MULLA @ MULLANAVAR, DECEASED BY HER LRS. 1. HUSENBASHA S/O. MEERASAB MULLA @ MULLANAVAR, AGE: MAJOR, OCC: AGRICULTURE, 2. MOULASAB S/O. MEERASAB MULLA @ MULLANAVAR, AGE: MAJOR,OCC: AGRICULTURE, 3. ABUBAKER S/O. MEERASAB MULLA @ MULLANAVAR, AGE: MAJOR,OCC: AGRICULTURE, 4. KUTUBUDDIN S/O. MEERASAB MULLA @ MULLANAVAR, AGE: MAJOR, OCC: AGRICULTURE, RESPONDENTS 1 TO 4 ARE R/O. SHIROL, TQ: NARAGUND-582110. 5. MUMTAZBEGUM W/O. ABBASALI MULLA, AGE: 38 YEARS, OCC: HOUSEHOLD, R/O. RON, TQ: RON-502101. …RESPONDENTS (BY SRI. SANGRAM S. KULKARNI, ADVOCATE) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND DECREE IN R.A.NO.69/2002 DATED 29.09.2007 PASSED BY THE LEARNED CIVIL JUDGE (SR.DN.), GADAG AND CONFIRM THE JUDGMENT AND DECREE IN O.S.NO.03/1996 DATED 18/04/2002 PASSED BY THE LEARNED CIVIL JUDGE (JR.DN.) NARAGUND IN THE INTEREST OF JUSTICE AND EQUITY. - 4 - NC: 2025:KHC-D:4891 RSA No. 1724 of 2007 C/W RSA No. 984 of 2008 THESE APPEALS COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL JUDGMENT No representation on behalf of the appellant. Learned counsel for the respondents present. The matters were passed over as there was no representation on behalf of the appellant. When again called on second occasion, no representation was made on behalf of the appellant. Taking into consideration the fact that the appeals are of the year 2007 and 2008, both the appeals are dismissed for non-prosecution. Sd/- (E.S.INDIRESH) JUDGE YAN CT-MCK List No.: 1 Sl No.: 19