- 1 - HC-KAR NC: 2025:KHC-D:14313 RSA No. 100100 of 2020 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REGULAR SECOND APPEAL NO.100100 OF 2020 (POS) BETWEEN: SRI. SHRISHAIL S/O. MALLIKARJUNA YANDIGERI, AGE: 28 YEARS, OCC. SERVICE, R/O. BAGALKOTE, DIST. BAGALKOTE-587101. …APPELLANT (BY SRI. D.V. PATTAR, ADVOCATE FOR SRI. ANAND R.KOLLI, ADVOCATE) AND: SRI. SHIVAPPA S/O. BASAPPA YANDIGERI, AGE: 72 YEARS, OCC. RETIRED GOVERNMENT SERVANT R/O. SECTOR NO. 40, PLOT NO. 24-C, NAVANAGAR, BAGALKOTE-587101. …RESPONDENT (BY SRI. MALLIKARJUN C. HUKKERI, ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO CALL FOR RECORDS AND SET ASIDE THE JUDGMENT AND DECREE IN O.S. NO.385/2016 DATED 25.07.2017 PASSED BY THE HON’BLE ADDITIONAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, BAGALKOTE AND THE SAME HAS BEEN CONFIRMED IN R.A.NO.14/2017 PASSED BY HON’BLE 1ST ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, BAGALKOTE DATED 16.10.2019 RESPECTIVELY IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.10.28 11:25:39 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14313 RSA No. 100100 of 2020 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C M JOSHI) Heard learned counsel appearing for the appellant and respondent. 2. It is submitted by the learned counsel for the respondent that in pursuance to the decree passed by the Trial Court as well as the First Appellate Court, the respondent had filed the execution petition and has obtained the possession of the property. The decree being for the possession stands fully satisfied and therefore, the appeal is infructuous. 3. Learned counsel appearing for the appellant submits that the appellant being the defendant was placed ex-parte before the Trial Court and he did not file any written statement disclosing his defence. The first appeal also came to be dismissed on the ground of delay. 4. Therefore, the appeal has become infructuous and as such, do not survive. Moreover, there being no substantial question of law that arises in the matter, the appeal deserves - 3 - HC-KAR NC: 2025:KHC-D:14313 RSA No. 100100 of 2020 to be dismissed at the admission stage itself. Accordingly, the appeal is dismissed. SD/- (C M JOSHI) JUDGE RKM CT:PA LIST NO.: 1 SL NO.: 24