- 1 - NC: 2025:KHC-D:5345 RSA No. 100489 of 2016 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO. 100489 OF 2016 (PAR-) BETWEEN: TANGEWWA W/O. KUSHNAPPA MAKANNAVAR, SINCE DECEASED BY HER LRS., 1. SHRI. HANAMANT MAKANNAVAR, S/O. KUSHNAPPA MAKANNAVAR, AGE: 49 YEARS, OCC: AGRICULTURE, R/O: DHAVALESHWAR VILLAGE, TQ: GOKAK, BELAGAVI DISTRICT-590001. 2. SHRI. MAHADEV MAKANNAVAR, S/O. KUSHNAPPA MAKANNAVAR, AGE: 34 YEARS, OCC: AGRICULTURE, R/O: DHAVALESHWAR VILLAGE, TQ: GOKAK, BELAGAVI DISTRICT-590001. 3. SHRI. RANGAPPA MAKANNAVAR, S/O. KUSHNAPPA MAKANNAVAR, AGE: 40 YEARS, OCC: AGRICULTURE, R/O: DHAVALESHWAR, TQ: GOKAK, BELAGAVI DISTRICT-590001. SHRI. LAXMAN S/O. KUSHNAPPA MAKANNAVAR, SINCE DECEASED BY HIS LRS. 4. SHRI. YALLAWWA W/O. LAXMAN MAKANNAVAR, AGE: 54 YEARS, OCC: HOUSEHOLD WORK, R/O: DHAVALESHWAR VILLAGE, TQ: GOKAK, BELAGAVI DISTRICT-590001. Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:5345 RSA No. 100489 of 2016 5. KIRAN S/O. LAXMAN MAKANNAVAR, AGE: 22 YEARS, OCC: AGRICULTURE, R/O: DHAVALESHWAR, TQ: GOKAK, BELAGAVI DISTRICT-590001. 6. SHANUR S/O. LAXMAN MAKANNAVAR, AGE: 26 YEARS, OCC: AGRICULTURE, R/O: DHAVALESHWAR VILLAGE, TQ: GOKAK, BELAGAVI DISTRICT-590001. …APPELLANTS (SRI. HANAMANTAPPA, APPELLANT) AND: 1. SMT. LAXMAWWA D/O. SHIVAPPA MAKANNAVAR, AGE: 54 YEARS, OCC: AGRICULTURE, R/O: DHAVALESHWAR VILLAGE, TQ: GOKAK, DISTRICT BELAGAVI-590001. 2. SHRI. THIMMAPPA S/O. SHIVAPPA MAKANNAVAR, AGE: 67 YEARS, OCC: AGRICULTURE, R/O: DHAVALESHWAR VILLAGE, TQ: GOKAK, DISTRICT BELAGAVI-590001. 3. SHRI. BHIMAPPA S/O. SHIVAPPA MAKANNAVAR, AGE: 59 YEARS, OCC: SERVICE, R/O: DHAVALESHWAR VILLAGE, TQ: GOKAK, DISTRICT BELAGAVI-590001. 4. SHRI. SHANKAREPPA HANAMANT GADAGI, AGE: 52 YEARS, OCC: AGRICULTURE, R/O: DHAVALESHWAR VILLAGE, TQ: GOKAK, DISTRICT BELAGAVI-590001. - 3 - NC: 2025:KHC-D:5345 RSA No. 100489 of 2016 5. SMT. MAHANANDA W/O. SHANKAREPPA GADAGEPPAGOL, AGE: 47 YEARS, OCC: HOUSEHOLD WORK, R/O: LAXMESHWAR, TQ: GOKAK, DISTRICT: BELAGAVI-590001. 6. MALAWWA W/O. NAGAPPA MANNIKARI, AGE: 42 YEARS, OCC: HOUSEHOLD WORK, R/O: BELAGALI, TQ: MUDHOL, DISTRICT: BAGALKOTE-587101. 7. INDRAWWA W/O. SHIVABASU BASALIGUNDI, AGE: 37 YEARS, OCC: AGRICULTURE & HOUSEHOLD WORK, R/O: LAXMESHWAR, TQ: MUDHOL, DISTRICT: BAGALKOTE-587101. 8. UDDAWWA W/O. BASAPPA HUKKERI, AGE: 35 YEARS, OCC: AGRICULTURE & HOUSEHOLD WORK, R/O: HARUGERI, TQ: RAIBAG, DISTRICT: BELAGAVI-590001. …RESPONDENTS (BY SRI. DINESH M. KULKARNI, ADVOCATE FOR C/R1; SRI. GIRISH YADAWAD, ADVOCATE FOR R2 & R4-R8; R3-SERVED AND UNREPRESENTED) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 04.03.2016 IN R.A.NO.42/2009 ON THE FILE OF THE XII ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI, SITTING AT GOKAK, REVERSING THE JUDGMENT AND DECREE OF THE TRIAL COURT DATED 29/01/2009 IN O.S.NO.73/2006 ON THE FILE OF THE 1ST ADDITIONAL CIVIL JUDGE (SR.DN.), GOKAK, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - NC: 2025:KHC-D:5345 RSA No. 100489 of 2016 CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL JUDGMENT Notice issued by this court is served on the appellants. Report of Principal District and Sessions Judge, Belagavi with regard to service of notice on the appellants is accepted. There is no representation on behalf of the appellants or their counsel. Accordingly, the Regular Second appeal is dismissed for non-prosecution. Sd/- (E.S.INDIRESH) JUDGE SB CT-MCK List No.: 1 Sl No.: 8