- 1 - HC-KAR NC: 2025:KHC-D:7715 RSA.CROB No. 100003 of 2014 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL RSA CROSS OBJ NO.100003 OF 2014 (PAR) BETWEEN: SHRI. SHIVARAYA S/O. KRISHNA GIDDANAWAR, SINCE DECEASED HIS LRS. 1. SMT. CHAMPAVVA W/O. SHIVARAYA GIDDANAWAR, AGE: 47 YEARS. 2. KUMAR UTTAM S/O. SHIVARAYYA GIDDANAVAR AGE: 14 YEARS. MINOR REPRESENTED BY NATURAL GUARDIAN AND MOTHER SMT. CHAMPAVVA W/O. SHIVARAYA GIDDANAWAR, CROSS OBJECTOR NO.1. 3. SRI. SHANKAR S/O. SHIVARAYA GIDDANAVAR, AGE: 24 YEARS, ALL ARE R/O: SAVALAGI, TQ: JAMKHANDI, DIST: BAGALKOT. …CROSS OBJECTORS (BY SRI. MRUTYUNJAY TATA BANGI, ADVOCATE) AND: SMT SIDDAWWA W/O. SIDALINGAPA JOGI @ JOGER SINCE DECEASED BY HIS LRS. 1. SMT. NIMBAWWA W/O. HANAMANTH KADAPATTI, AGE: 45 YEARS. 2. SMT. LAXMAVVA W/O. KANTHAPPA SHEGUNSI, AGE: 40 YEARS, BOTH ARE R/O: SAVALAGI, TALUK: JAMAKHANDI, DIST: BAGALKOT. Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:7715 RSA.CROB No. 100003 of 2014 3. SANGAPPA SIDALINGAPPA JOGI @ JOGER, SINCE DECEASED BY HIS LRS. 3A. SMT. RAYAWWA W/O. SANGAPPA JOGI, AGED ABOUT 45 YEARS, OCC: H/W. 3B. SMT. MAHADEVI W/O. KAREPPA ATHANI, AGED ABOUT 35 YEARS, OCC: H/W. 3C. SRI. NAGAPPA S/O. SANGAPPA JOGI, AGED ABOUT 32 YEARS, OCC: AGRICULTURE. 3D. SRI. SIDDALINGAPPA S/O. SANGAPPA JOGI, AGED ABOUT 30 YEARS, OCC: AGRICULTURE. ALL ARE R/AT: SAVALAGI, TQ: JAMKHANDI, DIST: BAGALKOTE. 3E. SMT. MAYAWWA W/O. SURESH HUGAR, AGED ABOUT 28 YEARS, OCC: H/W, R/AT: KAKAMARI, TQ: ATHANI, DIST: BELAGAVI. 3F. SRI. MANIGENI S/O. SANGAPPA JOGI, AGED ABOUT 26 YEARS, OCC: AGRICULTURE, R/AT: SAVALAGI, TQ: JAMKHANDI, DIST: BAGALKOTE. 3G. SMT. SATTEWWA W/O. MURUGEPPA JAMKHANDI, AGED ABOUT 24 YEARS, OCC: H/W, R/AT: TUNGAL, TQ: JAMKHANDI, DIST: BAGALKOTE. …RESPONDENTS (R1, R3(A), R3(B), R3(C), R3(D), R3(E) TO R3(F) ARE SERVED; NOTICE TO R2 AND R3(G) ARE HELD SUFFICIENT) THIS RSA.CROB. IS FILED UNDER ORDER 41 RULE 22(1) READ WITH SECTION 100 OF THE CODE OF CIVIL PROCEDURE PRAYING TO SET ASIDE THE JUDGMENT AND DECREE PASSED BY THE FAST TRACK COURT, JAMKHANDI AT JAMKHANDI PASSED IN R.A.NO.61 OF 2005 DATED 9TH OCTOBER 2007 INSOFAR AS IT RELATES TO REJECTION OF APPLICATION UNDER ORDER 41 RULE 27 CPC AND ALLOW I. A. NO. II, IN THE INTEREST OF JUSTICE AND EQUITY. THIS CROSS OBJECTION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:7715 RSA.CROB No. 100003 of 2014 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL) 1. Counsel for the cross-objectors submits that the suit in O.S.No.38/1999 had been filed by the cross- objectors for partition and separate possession which was dismissed by judgment and decree dated 28.02.2005. Aggrieved by the same, cross-objectors herein had filed Regular Appeal in R.A.No.61/2005. In the said appeal, the cross-objectors had also filed an application seeking production of additional document. The said regular appeal was allowed on 09.10.2007 decreeing the suit for partition as prayed for and application came to be rejected. 2. Aggrieved by the judgment and order dated 09.10.2007 passed in R.A.No.61/2005, the defendants filed Regular Second Appeal in RSA No.222/2008 and cross-objectors filed the present cross-objection against the order rejecting their application for production of documents. - 4 - HC-KAR NC: 2025:KHC-D:7715 RSA.CROB No. 100003 of 2014 3. Learned counsel for the cross-objectors submits that RSA No.222/2008 filed by the defendants was dismissed for non-prosecution on 01.03.2019 and the said order has not been recalled. He submit since the Regular Second Appeal is dismissed and judgment and decree dated 09.10.2007 passed in R.A.No.61/2005 has attained finality, the cross-objectors seek dismissal of the present cross-objection as not pressed with liberty to revive the same if in the event of the appellants in RSA No.222/2008 seek recall of the order of dismissal. 4. Submission is taken on record. 5. Appeal is dismissed as withdrawn with liberty as sought. Sd/- (M.G.S. KAMAL) JUDGE SH/CT-ASC List No.: 1 Sl No.: 31