- 1 - NC: 2025:KHC-D:2274-DB RFA No. 100051 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE ASHOK S. KINAGI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA REGULAR FIRST APPEAL NO. 100051 OF 2019 (PAR/POS) BETWEEN: SHADAKSHARAYYA VEERABASAYYA (IRAYYA) HIREMATH, SINCE DECEASED BY HIS LR’S 1. SMT. NEELAMBIKA W/O. LATE SHADAKSHARAYYA HIREMATH AGE ABOUT 65 YEARS, OCC: HOUSEWIFE, R/A: MADALLI, TQ: LAXMESHWAR, DIST: GADAG-581107. 2. GIRISHWAMI S/O. LATE SHADAKSHARAYYA HIREMATH, AGE ABOUT 40 YEARS, OCC: SERVICE, R/O: MADALLI, TQ: LAXMESHWAR, DIST: GADAG-581107. 3. SMT. SHOBA, W/O. CHAMBAYYA PUJERI AGE ABOUT 38 YEARS, OCC: HOUSEWIFE, R/A: KANABURGI, KHB COLONY, BELAGAVI-590001. 4. SMT. PUSPAVATI, W/O. INDUDHAR HIREMATH, AGE ABOUT 36 YEARS, OCC: HOUSEWIFE, R/A: TEGGIHALLI, TQ: SAVANUR, DIST: HAVERI-581118. Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA Date: 2025.02.11 14:55:16 +0530 - 2 - NC: 2025:KHC-D:2274-DB RFA No. 100051 of 2019 5. MRUTYUNJAY, S/O. LATE SHADAKSHARAYYA HIREMATH AGE ABOUT 34 YEARS, OCC: SERVIE, R/O: MADALLI, TQ: LAXMESHWAR, DIST: GADAG-581107. …APPELLANTS (BY SRI. S.S. NIRANJAN, ADVOCATE) AND: 1. SMT. AKKAMAHADEVI, W/O. GURULINGAYYA HIREMATH AGE: 48 YEARS, OCC: AGRICULTURE, R/O: GUDAGERI, TQ: KUNDGOL, DIST: DHARWAD, NOW AT BACK SIDE OF KSRTC DEPOT, LAXMESHWAR, TQ: SHIRAHATTI, DIST: GADAG-582120. 2. SMT. SHARADA, W/O. VEERANAGOUDA AYYANAGOUDAR AGE: 43 YEARS, OCC: AGRICULTURE, R/O: GUJAMAGADI, TQ: RON, NOW AT NEAR SIDDARUDHA MATH, BACK SIDE OF INDI PUMP OLD HUBLI, HUBBALLI-580024. 3. SMT. BHARATI W/O. VEERAYYA HIREMATH AGE: 41 YEARS, OCC: AGRICULTURE, R/O: SORATUR, TQ: GADAG, NOW AT MADALLI, TQ: SHIRAHATTI, DIST: GADAG-582120. …RESPONDENTS (BY SRI. P.R. BENTUR AND SRI. SHIVAPRASAD S. PATIL, ADVOCATE) THIS RFA IS FILED UNDER SEC. 96 OF CPC., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 17.04.2018 PASSED IN O.S.NO.141/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, KUNDGOL, DISMISSING THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL, COMING ON FOR FINAL HEARING, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:2274-DB RFA No. 100051 of 2019 CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA ORAL ORDER (PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA) None appears for the appellants. On the last date of hearing also none appeared for the appellants and one week time was granted to file paper books. The matter is of the year 2019. Inspite of granting sufficient time to file paper books, the paper books are not filed. It appears that the appellants have no interest in prosecuting the appeal. Hence, appeal is dismissed for non-filing of paper books. Sd/- (ASHOK S. KINAGI) JUDGE Sd/- (UMESH M ADIGA) JUDGE AG LIST NO.: 1 SL NO.: 30