1 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD DATED THIS 07TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH RSA NO. 100322 OF 2020 BETWEEN: 1 . MAHABOOBKHAN S/O SATTARKHAN ROUFKHANNANAVAR AGED: 92 YEARS, OCC: BUSINESS R/O RANEBENNUR, DIST: HAVERI 2. KHARIMKHAN @ KAREEMKHAN S/O SATTARKHAN ROUFKHANNANAVAR AGE: 92 YEARS, OCC: BUSINESS R/O RANEBENNUR, DIST: HAVERI 3. MEHARUNNISA W/O BHASHEERKHAN BADESABNAVAR AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O RANEBENNUR, DIST: HAVERI 4. SMT. KHAMARUNNISA W/O SABUDDINKHAN ROUFKHANNANAVAR AGE: 63 YEARS, OCC: HOUSEHOLD WORK, R/O RANEBENNUR, DIST:HAVERI 5. AKBARKHAN S/O SABUDDINKHAN ROUFKHANNANAVAR AGE: 45 YEARS, OCC: BUSINESS R/O RANEBENNUR, DIST: HAVERI 6. FAREEDKHAN S/O SHABUDDINKHAN ROUFKHANNANAVAR AGE: 43 YEARS, OCC: BUSINESS R/O RANEBENNUR, DIST: HAVERI NOW AT AZAD NAGAR, DAVANGERE 2 7. FIROZKHAN S/O SHABUDDINKHAN ROUFKHANNANAVAR AGE: 41 YEARS, OCC: EMPLOYEE R/O RANEBENNUR, DIST: HAVERI NOW AT AZAD NAGAR, DAVANGERE 8. AFROZKHAN S/O SHABUDDINKHAN ROUFKHANNANAVAR AGE: 39 YEARS, OCC: BUSINESS R/O RANEBENNUR, DIST: HAVERI NOW AT AZAD NAGAR, DAVANGERE 9. TABSUMKHANUM W/O MUZMILKHAN AGE: 36 YEARS, OCC: HOUSEHOLD WORK R/O RANEBENNUR, DIST: HAVERI NOW AT AZAD NAGAR, DAVANGERE 10. TAHSIMKHANUM W/O MOHAMMADZAFER TAHASILDAR AGE: 33 YEARS, OCC: HOUSEHOLD WORK R/O RANEBENNUR, DIST: HAVERI NOW AT AZAD NAGAR, DAVANGERE 11. AMANULLAKHAN S/O REHAMANKHAN ROUFKHANNAVAR AGED: 77 YEARS, OCC: BUSINESS R/O RANEBENNUR, DIST: HAVERI 12. FAISULLAKHAN @ FAIZULLAKHAN S/O REHAMANKHAN @ RAHAMANKHAN ROUFKHANNAVAR AGED: 62 YEARS,OCC: BUSINESS R/O RANEBENNUR, DIST: HAVERI 13. KHIZARALIKHAN S/O REHAMANKHAN ROUFKHANNAVAR AGED: 60 YEARS, OCC: BUSINESS R/O RANEBENNUR, DIST: HAVERI 3 14. LIYAGATALIKHAM @ LIYAQATALIKHAN S/O REHAMANKHAN ROUFKHANNAVAR AGED: 53 YEARS, OCC: BUSINESS R/O RANEBENNUR, DIST: HAVERI NOW AT: AZAD NAGAR, DAVANGERE 15. AMEEDKHAN @ AHMEDKHAN S/O S/O REHAMANKHAN @ RAHAMANKHAN ROUFKHANNAVAR AGED: 48 YEARS, OCC: BUSINESS R/O RANEBENNUR, DIST: HAVERI ...APPELLANTS (By SRI : M L VANTI) AND 1 . BASAVANNEPPAYYA S/O HALAPPAYYA MALIMATH SINCE DECEASED BY HIS LRS SUGANAVVA @ SUJANANAVVA W/O BASANNEPPAYYA @ BASAVANNEPPAYYA MALIMATH AGED: 66 YEARS, OCC:HOUSEHOLD WORK R/O ASHOKNAGAR, BEHIND SAI HOSPITAL RANEBENNUR, DIST: HAVERI (SINCE DEAD BY HER LRS I.E. R2 TO R4) 2 . SURESH S/O BASANNEPPAYYA @ BASAVANNEPPAYYA MALIMATH AGED: 45 YEARS, OCC: BUSINESS R/O ASHOKNAGAR, KEB, BEHIND SAI HOSPITAL RANEBENNUR, DIST: HAVERI 3 . SMT GEETA W/O MALLIKARJUNAYYA MALIMATH AGED: 53 YEARS, OCC: HOUSEHOLD WORK R/O ASHOKNAGAR, KEB, BEHIND SAI HOSPITAL RANEBENNUR, DIST: HAVERI 4 SHABUDDINKAN S/O SATTARKHAN ROUFKHANNAVAR SINCE DECEASED BY HIS LRS APPLT NO 4 TO 8 4 . SHASHIKANTH S/O BASANNEPPAYYA @ BASAVANNEPPAYYA MALIMATH AGED: 52 YEARS, OCC: HOUSEHOLD WORK R/O ASHOKNAGAR, KEB, BEHIND SAI HOSPITAL RANEBENNUR, DIST: HAVERI 5 . TULAJAPPA S/O HANAMANTAPPA KATOKAR SINCE DECEASED BY HIS LRS SMT. JANAMMA TULAJAPPA @ TULUZAPPA AGED: 77 YEARS, OCC: HOUSEHOLD WORK R/O AKSHAYA COLONY, HOSANAGAR, OPP. KSRTC BUS STAND, HUBBALLI DIST: DHARWAD 6 . PARASHURAM S/O TUTLUJAPPA @ TULUZAPPA KATOKAR AGED: 52 YEARS, OCC: HOUSEHOLD WORK R/O AKSHAYA COLONY, HOSANAGAR, OPP. KSRTC BUS STAND, HUBBALLI DIST: DHARWAD 7 . ALLANOORKHAN S/O HAIDARALIKHAN IRANI AGED: 70 YEARS, OCC:BUNSINESS R/O MRUTHYUNJAYA NAGAR, 2ND CROSS, NEAR PAPER LADWA HOUSE, RANEBENNUR, DIST: HAVERI 8 . NAZIRULLAKHAN S/O ABDULJABBARKHAN IRANI AGED: 69 YEARS, OCC:BUNSINESS R/O NEAR MANVI COMPANY, RANEBENNUR, DIST:HAVERI 5 9 . AMANULLAKHAN S/O ABDULJABBARKHAN IRANI AGED: 65 YEARS, OCC:BUNSINESS R/O MRUTHYUNJAYA NAGAR, BEHIND DIXIT GAS GODOWN, RANEBENNUR, DIST:HAVERI 10 . ABDULKARIMAKHAN @ ABSULKARIMKHAN S/O ABDULJABBARKHAN IRANI AGED: 69 YEARS, OCC:BUNSINESS R/O J.K. BEEDI @ CO., ZIMMA MUSJID ROAD, RANEBENNUR, DIST:HAVERI 11 . MANZURRAHAMMAD @ MANZOORAHMED S/O ABDULJABBARKHAN IRANI AGED: 39 YEARS, OCC: BUSINESS R/O OLD LIC ROAD, NEAR LADIES HOSTEL, RANEBENNUR DIST: HAVERI 12 . RANGANATH S/O HANUMANTAPPA MADAPUR AGED: 69 YEARS, OCC: BUSINESS R/O NEAR BALLARI KALYANA MANTAP, RANEBENNUR, DIST: HAVERI 13 . NAGARAJ S/O HANUMANTAPPA MADAPUR AGED: 66 YEARS, OCC: BUSINESS R/O NEAR BALLARI KALYANA MANTAP, RANEBENNUR, DIST: HAVERI 14 . SMT. GANGAMMA W/O PARAMESHAPPA MADAPUR AGED: 60 YEARS, OCC: HOUSEHOLD WORK, R/O CHALAGERI, RANEBENNUR, DIST: HAVERI 15 . MANJUNATH S/O PARAMESHAPPA MADAPUR AGED: 29 YEARS, OCC: AGRICULTURE, R/O CHALAGERI, RANEBENNUR, DIST: HAVERI 6 16 . MEGHA D/O PARAMESHAPPA MADAPUR AGED: 26 YEARS, OCC: AGRICULTURE, R/O CHALAGERI, RANEBENNUR, DIST: HAVERI 17 . HANUMANT S/O PARAMESHAPPA MADAPUR AGED: 25 YEARS, OCC:STUDENT R/O CHALAGERI, RANEBENNUR, DIST: HAVERI 18 . KHANDEPPA S/O HANUMANTAPPA MADAPUR AGED: 56 YEARS, OCC:BUSINESS R/O NEAR BALLARI KALYANA MANTAP, RANEBENNUR, DIST: HAVERI ...RESPONDENTS RSA FILED U/SEC.100 READ WITH ORDER XLI RULE 1 OF CPC, 1908, AGAINST THE JUDGMENT AND DECREE DATED 04.09.2019 PASSED IN R.A.NO.116/2016 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, HAVERI, SITTING AT RANEBENNUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 01.08.2013 PASSED IN O.S. NO.90/2007 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, RANEBENNUR, DISMISSING THE SUIT FILED FOR DECLARATION AND PARTITION. THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING; 7 O R D E R Four weeks’ time is granted to comply with office objections, failing which, the appeal shall stand dismissed without reference to the Bench. SD/- JUDGE Note:- As per endorsement made in the order sheet dated 04.06.2025. Counsel for the appellants has not complied with the office. Hence, this RSA No. 100322/2020 stands dismissed without reference to the court as per the Court Order dated 07.04.2025. BY ORDER OF THE COURT Sd/- ASSISTANT REGISTRAR. C- By:- pla T- By: -vg