- 1 - NC: 2025:KHC-D:4369 RSA No. 5133 of 2013 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO. 5133 OF 2013 (DEC/INJ-) BETWEEN: 1. SMT. KRISHNABAI W/O. ANNAPPA DATTAWADE, AGE: 56 YEARS, OCC: AGRICULTURE & H.H. WORK, R/O: NANDIKURALI, TAL: RAIBAG, DIST: BELGAUM-591329. 2. BASAPPA S/O. ANNAPPA DATTAWADE, AGE: 33 YEARS, OCC: AGRICULTURE, R/O: NANDIKURALI, TAL: RAIBAG, DIST: BELGAUM-591329. …APPELLANTS (BY SRI. BAHUBALI N. KANABARGI, ADVOCATE) AND: SANJU CALLING HIMSELF AS ADOPTIVE S/O. ANNAPPA DATTAWADE, AGE: 26 YEARS, OCC: AGRICULTURE, R/O: NANDIKURALI, TAL: RAIBAG, DIST: BELGAUM-591329. …RESPONDENT (BY SRI. SHIVARAJ S. BALLOLI, ADVOCATE) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 READ WITH ORDER XLII RULE 1 OF THE C.P.C., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 14/09/2012 PASSED IN R.A.NO.1/2008 BEFORE THE COURT OF THE SENIOR CIVIL JUDGE AND JMFC, RAIBAG AND THE JUDGMENT AND DECREE PASSED IN O.S.NO.257/2005 DATED 24/10/2008 ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DN.) RAIBAG, BY ALLOWING THIS APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.03.07 16:18:46 +0530 - 2 - NC: 2025:KHC-D:4369 RSA No. 5133 of 2013 CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL JUDGMENT No representation on behalf of the appellant on the last date of hearing and cost of ₹100/- was ordered to be paid by the appellant, which is not paid by the appellant. In that view of the matter, it appears that the appellant is not interest to pursue the matter. Hence, the appeal is dismissed for non- prosecution. Sd/- (E.S.INDIRESH) JUDGE YAN CT-MCK List No.: 1 Sl No.: 24