- 1 - HC-KAR NC: 2025:KHC-D:7481 RSA No. 6322 of 2012 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL REGULAR SECOND APPEAL NO.6322 OF 2012 (SP) BETWEEN: 1. SRI. VEERANNA S/O. BASAVANNEPPA CHOORI, SINCE DECEASED BY HIS LR’S. 1A. SMT. CHANNABASAVVA W/O. LATE VEERANNA CHOORI, AGE: 45 YEARS, OCC: HOUSEHOLD. 1B. SMT. MANGALAVVA W/O. CHANDRAPPA HALLI, AGE: 28 YEARS, OCC: HOUSEHOLD. 1C. SMT. GEETHA D/O. LATE VEERANNA CHOORI, AGE: 26 YEARS, OCC: HOUSEHOLD. 1D. SRI MALLAPPA S/O. LATE VEERANNA CHOORI, AGE:24 YEARS, OCC: AGRICULTURE. ALL ARE R/O: KALLEDEVAR, TQ: BYADAGI, DIST: HAVERI. …APPELLANTS (BY SRI. M. V. HIREMATH & SRI. V. S. KALASURMATH, ADVOCATES) AND: Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:7481 RSA No. 6322 of 2012 1. SMT. GANGAVVA W/O. MALLAPPA PUJAR, AGED ABOUT 87 YEARS, R/O:GALAGANATH, HAVERI TALUK AND DISTRICT – 581 106. 2. SMT. SHANTHAVVA W/O. NAGAPPA PUJAR, AGED ABOUT 61 YEARS, R/O:GALAGANATH, HAVERI TALUK AND DISTRICT – 581 106. …RESPONDENTS (BY SRI. SANGRAM S. KULKARNI, ADVOCATE FOR R1 AND R2) THIS RSA IS FILED UNDER SECTION 100 OF C.P.C PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 18.09.2012 PASSED BY THE SENIOR CIVIL JUDGE, HAVERI IN R.A.NO.02/2011 INSOFAR AS IT RELATES TO ALLOWING CROSS OBJECTIONS OF THE DEFENDANTS, CONSEQUENTLY TO SET ASIDE THE FINDINGS OF THE TRIAL COURT ON ISSUE NO.4, 5 AND 7 WHILE GRANTING THE PARTIAL DECREE FOR RETURN OF THE EARNEST MONEY IN O.S.NO.14/2008 PASSED BY THE CIVIL JUDGE AND JMFC, HAVERI DATED 12.11.2010. TO ALLOW THE APPEAL DIRECTING THE DEFENDANTS TO EXECUTE THE SALE DEED IN TERMS OF EX.P12 FORTHWITH CONSEQUENTLY ALLOW THE APPEAL WITH COST IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:7481 RSA No. 6322 of 2012 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL) 1. There is no representation on behalf of the appellants. 2. The learned counsel for the respondents Sri Sangram S. Kulkarni, submits that the present appeal arises out of the judgment and decree dated 12.11.2010 passed in OS No.14/2008 on the file of the Civil Judge and JMFC, Haveri, which was filed by the appellant/plaintiff seeking relief of specific performance. 3. As against the said judgment and decree, the appellant herein had preferred an appeal in RA No.2/2011, while the respondents preferred the cross objection in the said appeal. 4. By the judgment and order dated 18.09.2012, the First Appellate Court dismissed the appeal filed by the appellant–plaintiff and allowed the cross objection filed by the respondents, setting aside the judgment and decree passed by the trial Court in its entirety. - 4 - HC-KAR NC: 2025:KHC-D:7481 RSA No. 6322 of 2012 5. Being aggrieved by the same, appellant/plaintiff preferred present appeal as against the dismissal of the suit. That he had also filed an appeal in RSA No.62/2012 against allowing of the cross objection of the respondents. 6. He further submits that the said regular second appeal in RSA No.62/2012 has been dismissed by this Court vide order dated 06.07.2016 for non-prosecution. He submits that when the said appeal arising out of the common judgment has been dismissed and present appeal may also not survive. 7. Be that as it is. The present appeal is filed in the year 2012. There has been no representation on behalf of the appellant. Thus, it appears, the appellant is not interested in prosecuting the matter. Therefore, the appeal is dismissed for non-prosecution. Sd/- (M.G.S. KAMAL) JUDGE VMB/CT-ASC/List No.: 1 Sl No.: 17