- 1 - NC: 2025:KHC-D:4581-DB RFA No. 100411 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM AND THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR FIRST APPEAL NO.100411 OF 2022 (PAR/POS) BETWEEN: BASAPPA HANAMANTHAPPA JALIKATTI, AGE-40 YEARS, OCC. AGRICULTURE, R/O. CHIKKANANDI VILLAGE, TQ.- GOKAK, DIST. -BELAGAVI-591329. …APPELLANT (BY SRI. BAHUBALI N. KANABARGI, ADVOCATE) AND: 1. SMT. SIDDAVVA W/O. UDDAPP GUNDI, AGE-45 YEARS, OCC. AGRICULTURE AND HOUSEHOLD, R/O. BENACHINAMARADI VILLAGE, TQ. -GOKAK, DIST. -BELAGAVI-591329. 2. HANAMANTHAPPA, S/O. KADAPPA JALIKATTI, AGE-70 YEARS, OCC. AGRICULTURE, R/O. CHIKKANANDI VILLAGE, TQ.- GOKAK, DIST.- BELAGAVI-591329. 3. SHIDDALINGAPPA, S/O. HANAMANTAPPA JALIKATTI, AGE-37 YEARS, OCC. AGRICULTURE, Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4581-DB RFA No. 100411 of 2022 R/O. CHIKKANANDI VILLAGE, TQ. -GOKAK, DIST. -BELAGAVI-591329. 4. SMT. BHIMAVVA, W/O. KENCHAPPA MURYAR, AGE-35 YEARS, OCC. AGRICULTURE AND HOUSEHOLD, R/O. MADDISHIVAPUR VILLAGE, TQ. GOKAK, DIST. BELAGAVI-591329. 5. SMT. SHETTEVVA, W/O. GURUSIDDAPPA MURYAR, AGE-31 YEARS, OCC. AGRICULTURE AND HOUSE HOLD, R/O. MADDISHIVAPUR VILLAGE, TQ. GOKAK, DIST. BELAGAVI-591329. 6. SMT. MALLAVVA, W/O. HANAMANTAPPA MURYAR, AGE-33 YEARS, OCC. AGRICULTURE AND HOUSE HOLD, R/O. MADDISHIVAPUR VILLAGE, TAL: GOKAK, DIST: BELAGAVI, PIN-591329. 7. SMT. UDDAVVA, W/O. HANAMANTAPPA JALIKATTI, AGE-65 YEARS, OCC. AGRICULTURE AND HOUSE HOLD, R/O. CHIKKANANDI VILLAGE, TQ. GOKAK, DIST. BELAGAVI-591329. 8. MAHADEVAPPA, S/O. BASAPPA SHINGADI @ JALIKATTI, AGE-37 YEARS, OCC. AGRICULTURE, R/O. CHIKKANANDI VILLAGE, TQ. GOKAK, DIST. BELAGAVI-591329. 9. BHARAMAPPA, S/O. BHIMAPPA SHINGADI @ JALIKATTI, AGE-37 YEARS, OCC. AGRICULTURE, R/O. CHIKKANANDI VILLAGE, TQ. GOKAK, DIST. BELAGAVI-591329. - 3 - NC: 2025:KHC-D:4581-DB RFA No. 100411 of 2022 10. SMT. LAKKAWWA, W/O. BHIMAPPA SHINGADI @ JALIKATTI, AGE-40 YEARS, OCC. AGRICULTURE AND HOUSE HOLD, R/O. CHIKKANANDI VILLAGE, TQ. GOKAK, DIST. BELAGAVI-591329. 11. SMT. PARAVTI W/O. SIDDAPPA KOTTAL, AGE-35 YEARS, OCC. AGRICULTURE AND HOUSE HOLD, R/O. CHIKKANANDI VILLAGE, TQ. GOKAK, DIST. BELAGAVI-591329. …RESPONDENTS (NOTICE TO RESPONDENTS NO.1 TO 3, 7, 8 AND 10 ARE SERVED) SERVICE OF NOTICE TO RESPONDENTS NO.9 AND 11 ARE HELD SUFFICIENT V/O. DATED 11.06.2024) THIS RFA IS FILED UNDER SECTION 96 OF CPC., PRAYING THAT, ALLOWED WITH COSTS AND THE IMPUGNED JUDGMENT AND DECREE DATED 02.12.2019 PASSED BY THE COURT OF II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, GAKAK, O.S. NO.523/2017 MAY BE SET ASIDE THE SUIT OF THE RESPONDENT/PLAINTIFF AND DISMISSED WITH COST IN AN ALTERNATIVE THE APPELLANT MAY KINDLY BE PERMITTED TO CONTEST THE MATTER BY REMANDING THE JUDGMENT AND DECREE, 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 SACHIN SHANKAR MAGADUM AND THE HON'BLE MR. JUSTICE G BASAVARAJA - 4 - NC: 2025:KHC-D:4581-DB RFA No. 100411 of 2022 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM) Learned counsel appearing for the appellant submits that despite his several reminders appellant is not furnishing instructions. He further pointed out that the appellant/defendant No.2 is not willing to prosecute the captioned appeal and no instructions are given till today. The order sheet also reveals that though there was a direction by this Court vide order dated 11.02.2025 to the appellant to pay a cost of Rs.3,000/-, the said cost is also not deposited. 2. The order sheet also reveals that a peremptory order was passed on 28.01.2025 to take steps within two weeks, failing which, the appeal shall be listed for dismissal on 11.02.2025. On 11.02.2025, this Court having imposed the cost of Rs.3,000/-, however was inclined to grant some indulgence in the matter and ordered re-list on 19.02.2025. Today also there is no compliance and there is no representation on behalf of the - 5 - NC: 2025:KHC-D:4581-DB RFA No. 100411 of 2022 appellant. Having noticed the order sheet, we are of the view that the appellant is not inclined to prosecute the appeal. Accordingly, appeal is dismissed for non- prosecution. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE Sd/- (G BASAVARAJA) JUDGE CKK Ct-cmu LIST NO.: 1 SL NO.: 4