- 1 - HC-KAR NC: 2025:KHC-D:12903 RFA No. 100211 of 2016 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI REGULAR FIRST APPEAL NO. 100211 OF 2016 (DEC/INJ-) BETWEEN: 1. UDAYKUMAR S/O BASAVANNEPPA PURADANNAVAR, AGE: 32 YEARS, OCC: AGRICULTURE, 2. CHANNAPPA S/O BASAVANNEPPA PURADANNAVAR, AGE: 30 YEARS, OCC: AGRICULTURE, 3. SMT. MAHADEVI W/O IRAYYA NEELAGUNDMATH, AGE: 36 YEARS, OCC: HOUSEHOLD, 4. SMT. SAVAKKA W/O BASAVANNEPPA PURADANNAVAR, AGE: 54 YEARS, OCC: HOUSEHOLD, ALL ARE R/O: BHOGENAGARKOPPA-580114, KALAGHATAGI, DIST: DHARWAD. …APPELLANTS (BY SRI. GOURISHANKAR H MOT, ADV) AND: 1. BASAVANNEPPA PURADANNAVAR, S/O KALLAPPA, AGE: 64 YEARS, OCC: AGRICULTURE, R/O: BHOGENAGARKOPPA-580114, KALAGHATAGI, DIST: DHARWAD. 2. BASAPPA S/O RAMAPPA GANIGER, AGE: 24 YEARS, OCC: AGRICULTURE, R/A: GANJIGATTI-581196, TQ: KALAGHATAGI, DIST: DHARWAD. 3. SOMAPPA S/O YALLAPPA GANIGER, AGE: 59 YEARS, OCC: AGRICULTURE, R/A: GANJIGATTI-581196, MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:12903 RFA No. 100211 of 2016 TQ: KALAGHATAGI, DIST: DHARWAD. 4. BHEEMAPPA S/O YALLAPPA GANIGER, AGE: 57 YEARS, OCC: AGRICULTURE, R/A: GANJIGATTI-581196, TQ: KALAGHATAGI, DIST: DHARWAD. 5. PARASAPPA @ PAROTAPPA S/O YALLAPPA GANIGER, AGE: 49 YEARS, OCC: AGRICULTURE, R/A: GANJIGATTI-581196, TQ: KALAGHATAGI, DIST: DHARWAD. …RESPONDENTS (BY SRI. S.R. HEGDE, ADV FOR R4, NOTICE TO R1, R2 & R5 ARE SERVED R3- ABATED, NOTICE TO R3(D) IS HELD SUFFICIENT) THIS RFA IS FILED U/SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DTD:04.06.2016 PASSED IN O.S. NO.118/2012 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, HUBBALLI, (ITINARY COURT AT KALGHATAGI) DISMISSING THE SUIT FILED FOR DECLARATION AND PERMANENT INJUNCTION. THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI ORAL JUDGMENT 1. The appeal was filed on 03.08.2016. The office has raised objections. Despite granting sufficient time, the appellants did not comply with the office objections. The matter was listed today before the court. - 3 - HC-KAR NC: 2025:KHC-D:12903 RFA No. 100211 of 2016 2. On 03.04.2017, two weeks time was granted to comply with the office objections. Again the matter listed on 5.7.2017, finally, one week time was granted to comply with the office objections. The appellants have complied all the office objections and matter was listed for admission on 10.08.2017. On 01.07.2020, the appeal was admitted and emergent notice was issued and paper book was ordered to be filed within 8 weeks. 3. The appellants have not taken steps. Thereafter, the office has issued notice to respondents 1, 2 and 5. Unserved cover with the postal shara received in respect of R3 as ‘deceased’. The appellants have not taken steps to bring legal representatives of deceased respondent No.3. On 13.03.2023, this Court dismissed the appeal as abated against respondent No.3. The appellants have filed an application in I.A.No.1/2023 to substitute the deceased respondent No.3 and notice was issued on the said application to the proposed - 4 - HC-KAR NC: 2025:KHC-D:12903 RFA No. 100211 of 2016 legal representatives of the deceased respondent No.3. 4. On 25.09.2024, notice to proposed respondent No.3(d) was held sufficient and granted time to file the paper book subject to payment of cost of ₹1,000/- and it was made clear that the appellants will have right of audience only if the cost is paid. On 28.01.2025, the matter was listed and at the request of learned counsel for the appellants matter was adjourned to 01.02.2025 for final hearing. 5. Despite granting sufficient opportunity, the appellants have not taken steps to the proposed legal representatives of deceased respondent No.3(b) for the second time and the appellants have not paid the costs. 6. The appeal is of the year 2016. It seems that the appellants are not interested in prosecuting the - 5 - HC-KAR NC: 2025:KHC-D:12903 RFA No. 100211 of 2016 appeal. Accordingly, the appeal is dismissed for non prosecution. Sd/- (ASHOK S. KINAGI) JUDGE SKS CT: BSB List No.: 1 Sl No.: 13