- 1 - NC: 2025:KHC-D:4719 RSA No. 100601 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO. 100601 OF 2019 (PAR-) BETWEEN: 1. SMT. PREMA W/O. MURAGAYYA MUTTINAMATH, AGE: 68 YEARS, OCC: HOUSEHOLD, R/O. BAGALKOT. 2. SRI. VISHWANATH S/O. SHANTVEERAYYA KAMBALI @ KAMBALIMATH, AGE: 71 YEARS, OCC: AGRICULTURE, NEAR CHADAKE FACTORY KALIMATH CHAWL, OLD HUBLI, HUBLI TALUK, DHARWAD DISTRICT, REP. BY HIS POWER OF ATTORNEY HOLDER, SMT. RATNA W/O. VISHWANATH KAMBI, AGE: 41 YEARS, OCC: HOUSEWIFE, R/O. KRISHNA NAGAR, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD. …APPELLANTS (BY SRI. CHETAN MUNNOLI, SMT. SURABHI KULKARNI & SRI. LOKESH HEGDE, ADVOCATES) AND: 1. SHANTVEERAYYA S/O. RAJASHEKARAYYA KAMBALI @ KAMBALIMATH, AGE: 35 YEARS, OCC: AGRICULTURE, R/O. BELUR, BADAMI TALUK, BAGALKOT DISTRICT-587114. SIDDAYYA S/O. RAJASHEKARAYYA KAMBALI @ KAMBALIMATH, SINCE DECEASED ON 23.11.2014 REP. BY HIS LR’S. 2. KAMALAVVA W/O. SIDDAYYA KAMBALI @ KAMBALIMATH, AGE: 30 YEARS, OCC: HOUSEHOLD AND AGRICULATURE R/O. BELUR, BADAMI TALUK, Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.03.18 10:57:31 +0530 - 2 - NC: 2025:KHC-D:4719 RSA No. 100601 of 2019 BAGALKOT DISTRICT-587114. 3. VISHWA S/O. SIDDAYYA KAMBALI @ KAMBALIMATH, AGE: 12 YEARS, OCC: STUDENT, MINOR REPRESENTED BY GUARDIAN MOTHER KAMALAVVA NO.2A KAMALAVVA W/O. SIDDAYYA KAMBALI @ KAMBALIMATH, AGE: 30 YEARS R/O. BELUR-587114, BADAMI TALUK, BAGALKOT DISTRICT. 4. ANUSUYYA W/O. RAJASHEKARAYYA KAMBALI @ KAMBALIMATH, AGE: 58 YEARS, OCC: HOUSEHOLD, R/O. BELUR-587114, BADAMI TALUK, BAGALKOT DISTRICT. 5. RAJASHEKARAYYA S/O. VEERABHADRAYYA KAMBALI @ KAMBALIMATH @ KANTIMATH, SINCE DECEASED BY HIS LR’S. 5(a) SMT. SHEELA W/O. RAJASHEKARAYYA KAMBALI @ KAMBALIMATH @ KANTIMATH, AGE: 48 YEARS, OCC: HOUSEHOLD, C/O. MAHANTAYYA MURAGAYYA BHUSANURATH, AT AND POST JALIHAL, TAL: BHADAMI, DIST: BAGALKOT-587114. 5(b) SHRI UMPATI S/O. RAJASHEKARAYYA KAMBALI @ KAMBALIMATH @ KANTIMATH, AGE: 30 YEARS, OCC: AGRICULTURE, C/O. P.V. KANTIMATH, CLOTH MERCHANT, WHOLE SALE SAREES AND RREADYMADE DRESSES, NEAR SHIVSAGAR HOTEL, BANK ROAD-GADAG-582101. 6. SUSHILAVVA W/O. ANDANAYYA KAMBALI @ KAMBALIMATH, AGED ABOUT 73 YEARS, OCC: HOUSEHOLD, R/O. BELUR-587114, BADAMI TALUK, BAGALKOT DISTRICT. LRs of deceased Respondent No.5 are brought on record as Resp. No.5(a) to 5(b) V.O.D. 16.08.2023 - 3 - NC: 2025:KHC-D:4719 RSA No. 100601 of 2019 7. LALITA W/O. VEERABHADRAYYA KAMBALI @ KAMBALIMATH, AGED ABOUT 53 YEARS, OCC: HOUSEHOLD, R/O. BELUR-587114, BADAMI TALUK, BAGALKOT DISTRICT. 8. ARUN S/O. VEERABHADRAYYA KAMBALI @ KAMBALIMATH, AGED ABOUT 25 YEARS, OCC: AGRICULTURE, R/O. BELUR-587114, BADAMI TALUK, BAGALKOT DISTRICT. 9. SHRUTI D/O. VEERABHADRAYYA KAMBALI @ KAMBALIMATH, AGED ABOUT 24 YEARS, OCC: HOSEHOLD, R/O. BELUR-587114, BADAMI TALUK, BAGALKOT DISTRICT. 10. SOUMYA D/O. VEERABHADRAYYA KAMBALI @ KAMBALIMATH, AGED ABOUT 23 YEARS, OCC: HOUSEHOLD, R/O. BELUR-587114, BADAMI TALUK, BAGALKOT DISTRICT. 11. USHA D/O. VEERABHADRAYYA KAMBALI @ KAMBALIMATH, AGED ABOUT 21 YEARS, OCC: HOUSEHOLD, R/O. BELUR-587114, BADAMI TALUK, BAGALKOT DISTRICT. 12. JAGADISH S/O. ANADANAYYA KAMBALI @ KAMBALIMATH, AGED ABOUT 41 YEARS, OCC: AGRICULTURE, R/O. BELUR-587114, BADAMI TALUK, BAGALKOT DISTRICT. 13. SHARAVVA W/O. MUPPAYYA MUPPANNAVAR, AGED ABOUT 53 YEARS, OCC: HOUSEHOLD, R/O. NANDIKESHWAR, BADAMI TALUK, BAGALKOT DISTRICT-587114. 14. UMADEVI W/O. BASALINGAYYA MAMADAPURAMATH, AGED ABOUT 58 YEARS, OCC: HOUSEHOLD, R/O. BAZAR GALLI, MAHALINGAPUR, - 4 - NC: 2025:KHC-D:4719 RSA No. 100601 of 2019 MUDHOL TALUK, BAGALKOT DISTRICT-587315. 15. GANGAYYA S/O. GURUBASAYYA VASTRAD, SINCE DECEASED BY HIS LR’S. 15(a) SOMASHEKARAYYA S/O. GURUBASAYYA VASTRAD, AGE: 68 YEARS, OCC: RETIRED, R/O. NEAR UNKAL LAKE OPP. PRESIDENT HOTEL, SURYAVAMSHI BUILDING, KALMESHWAR NAGAR, HUBBALLI-580024. CHANNABASAYYA S/O. GURUBASAYYA VASTRAD, SINCE DECEASED REP. BY HIS LR’S. 15(b) SMT. PUSHPA W/O. CHANNABASAYYA VASTRAD, C/O. SRI. VIJAY CHANNABASAYYA VASTRD, NEAR NEW BUSSTAND, MAHANTESH NAGAR-591123, TAL: RAMDURG, DIST: BELGAUM. 15(c) SRI. VIJAY CHANNABASAYYA VASTRAD, AGE: 31 YEARS, OCC: CONTRACTOR, NEAR NEW BUSSTAND, MAHANTESH NAGAR-591123, TAL: RAMDURG, DIST: BELGAUM. 15(d) SRI. CHANDRAYYA S/O. GURUBASAYYA, AGE: 65 YEARS, OCC: RETIRED GOVERNMENT SERVANT, R/O. M.G. BADAVANE, R.K. ROAD, 3RD CROSS, NEAR VIEVEKANANDA SCHOOL, HOSKOTE, BENGALURU RURAL-591123. DRAKSHAYANI W/O. SIDDAYYA HIREMATH, SINCE DECEASED BY HER LR’S. 16. VEERANNA S/O SIDDAYYA HIREMATH, SINCE DECEASED BY LRS. 16(a) SMT. PUSHPA W/O. VEERANNA @ IRANNA HIREMATH, AGE: MAJOR, OCC: HOUSEHOLD, 16(b) ARUNKUMAR W/O. VEERANNA @ IRANNA HIREMATH, AGE: 26, OCC: AGRICULTURE, 16(c) SMT. ARPITA W/O. MAHANTESH ARALELIMATH, AGE: 29 YEARS, OCC: HOUSEHOLD, - 5 - NC: 2025:KHC-D:4719 RSA No. 100601 of 2019 …RESPONDENTS (BY SRI. PRAVEEN P. TARIKAR, ADVOCATE FOR R1; SRI. M.T. BANGI, ADVOCATE FOR R2, R4, R17 & R18; SRI. M.B. HIREMATH, ADVOCATE FOR R7, R9, R10 & R11; SRI. S.C. HIREMATH, ADVOCATE FOR R15(a-d) & R16 (a & b); R5(a) & R5(b) HELD SUFFICIENT; R13 & R14 DISPENSED WITH; R8, R16, R19(a & b) R19(c) SERVED) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC 1908, PRAYING TO SET ASIDE THE JUDGEMENT DECREE DATED 10.07.2019 PASSED IN R.A.NO.14/2011 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, BAGALKOT, CONFIRMING THE JUDGMENT AND DECREE PASSED BY SENIOR CIVIL JUDGE, BADAMI DATED 06.12.2010 IN O.S. NO.40/2006 (OLD NO.39/2005) IN THE INTEREST OF JUSTICE AND EQUITY. ALL ARE R/O. NARAYANPUR-582 119, TQ & DIST: GADAG. 17. ANDANAYYA S/O. SIDDAYYA HIREMATH, AGED ABOUT 48 YEARS, OCC: AGRICULTURE, R/O. NARAYANPUR, NEAR HUNSAGI, GADAG DISTRICT-582101. 18. RAJASHEKARAYYA S/O. SHANTAVEERAYYA KAMBLI @ KAMBALIMATH, AGED ABOUT 73 YEARS, OCC: AGRICUALTURE, R/O. BELUR, BADAMI TALUK, BAGALKOT DISTRICT-587114. 19. SHIVAKUMAR S/O. VEERABHADRAYYA KANATIMATH, SINCE DECEASED BY LR’S. 19(a) SMT. MAHADEVI W/O. SHIVAKUMAR KAMBALI @ KAMBALIMATH, AGE: 45 YEARS, OCC: HOUSEHOLD, 19(b) MAHANTESH S/O. SHIVAKUMAR KAMBALI @ KAMBALIMATH, AGE: 25 YEARS, OCC: BUSINESS, 19(c) SMT. JYOTI W/O. CHANNAYYA VASTRAD, AGE: 22 YEARS, OCC: HOUSEHOLD, ALL ARE R/O. BELUR-587114, TQ: BADAMI, DIST: BAGALKOT. - 6 - NC: 2025:KHC-D:4719 RSA No. 100601 of 2019 THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL JUDGMENT Learned counsel appearing for the appellants has filed memo seeking withdrawal of the appeal. Memo is accepted. Accordingly, the appeal is dismissed as withdrawn. Sd/- (E.S.INDIRESH) JUDGE SH CT-MCK List No.: 1 Sl No.: 41