- 1 - NC: 2025:KHC-D:5771 RSA No. 5073 of 2013 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO. 5073 OF 2013 (INJ-) BETWEEN: 1. VINAYAKA S/O. GANAPATI HONAVAR, AGE: 29 YEARS, OCC: BUSINESS, 2. MANJUNATH S/O. GANAPATI HONAVAR, AGE: 27 YEARS, OCC: BUSINESS, 3. SUBBI @ MAHADEVI W/O. GANAPATI HONAVAR, AGE: 58 YEARS, OCC: SERVICE & HOUSEHOLD WORK, ALL ARE RESIDING AT BANK STREET, HONAVAR, TQ: HONAVAR, DIST: UTTAR KANNADA-581 334. (APPELLANT NOS.1 TO 2 ARE LR’S DEFENDANT NO.1 AND APPELLANT NO.3 IS DEFENDANT NO.2 BEFORE TRIAL COURT & APPELLANT NOS.1 TO 3 BEFORE 1ST APPELLATE COURT RESPECTIVELY) …APPELLANTS (SRI. VINAYAK-APPELLANT) AND: 1. MAHADEVI W/O. NARAYAN HONAVAR, AGE: 68 YEARS, OCC: AGRICULTURE, R/O: VANDOOR , TQ: HONAVAR, DIST: UTTAR KANNADA-581 334. 2. MAHABALESHWAR S/O. NARAYAN HONAVAR, AGE: 45 YEARS, OCC: PETTY BUSINESS, R/O. AT BANK STREET, HONAVAR, TQ: HONAVAR, DIST: UTTAR KANNADA-581 334. MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:5771 RSA No. 5073 of 2013 3. VIGNESHWAR S/O. NARAYAN HONAVAR, AGE: 43 YEARS, OCC: AGRICULTURIST, R/O: VANDOOR , TQ: HONAVAR, DIST: UTTAR KANNADA-581 334. 4. KAMALAXI D/O. NARAYAN HONAVAR, AGE: 39 YEARS, OCC: HOUSEHOLD, R/O: VANDOOR , TQ: HONAVAR, DIST: UTTAR KANNADA-581 334. 5. KALAVATI D/O. NARAYAN HONAVAR, AGE: 36 YEARS, OCC: HOUSEHOLD, R/O: VANDOOR , TQ: HONAVAR, DIST: UTTAR KANNADA-581 334. 6. NAGARATNA D/O. NARAYAN HONAVAR, AGE: 29 YEARS, OCC: HOUSEHOLD, R/O: VANDOOR , TQ: HONAVAR, DIST: UTTAR KANNADA-581 334. …RESPONDENTS (BY SRI. J.S. SHETTY, ADVOCATE FOR R1-R6) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC PRAYING TO SET-ASIDE THE JUDGMENT AND DECREE DATED 16/10/2012 PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE, HONAVAR IN R.A.NO.289/2001 AND ALSO SET-ASIDE THE JUDGMENT AND DECREE DATED 12/04/2000 PASSED BY THE ADDITIONAL CIVIL JUDGE (JR.DN.), HONAVAR IN O.S.NO.26/1983 AND DISMISS THE SUIT O.S.NO.26/1983 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE (JR.DN.), HONAVAR, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH - 3 - NC: 2025:KHC-D:5771 RSA No. 5073 of 2013 ORAL JUDGMENT There is no representation on behalf of the appellants. Perusal of the order sheet would indicate that, the counsel representing the appellants has been retired from the case and thereafter, no appearance on behalf of the appellants. This would indicate that, appellants are not interested to prosecute the appeal. Accordingly, the Regular Second Appeal is dismissed for non-prosecution. Sd/- (E.S.INDIRESH) JUDGE SB CT-MCK List No.: 1 Sl No.: 14