- 1 - HC-KAR NC: 2025:KHC-D:7353 RSA No. 101000 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL REGULAR SECOND APPEAL NO.101000 OF 2019 (INJ) BETWEEN: 1. SMT.GOURAWWA W/O. CHANNABASAPPA MARIHAL, AGE: 59 YEARS, OCC: HOUSEHOLD, R/O: KADROLLI, TQ: BAILHONGAL, DIST: BELAGAVI. 2. SMT. SAVAKKA W/O. BASAPPA MARIHAL, AGE: 72 YEARS, OCC: HOUSEHOLD, R/O: KADROLLI, TQ: BAILHONGAL, DIST: BELAGAVI. SHRI. LAXMAN S/O. NINGAPPA MARIHAL, SINCE DECEASED BY HIS LR’S, 3. SMT. FAKIRAWWA W/O. LAXMAN MARIHAL, AGE: 59 YEARS, OCC: HOUSEHOLD, R/O: KADROLLI, TQ: BAILHONGAL, DIST: BELAGAVI. 4. SHRI. SHIVAJAT S/O. LAXMAN MARIHAL, AGE: 44 YEARS, OCC: AGRICULTURE, R/O: KADROLLI, TQ: BAILHONGAL, DIST: BELAGAVI. 5. SMT. MANJULA W/O. BASAVARAJ SUNAGAR, AGE: 36 YEARS, OCC: HOUSEHOLD, R/O: KADROLLI, TQ: BAILHONGAL, DIST: BELAGAVI. 6. SMT. SUVARNA W/O. KAMU PATIL, AGE: 34 YEARS, OCC: HOUSEHOLD, R/O: H.NO.4020, KIRBHAR GALLI, VADAGAON, TQ AND DIST: BELAGAVI. 7. SHRI. GURUSHANT S/O. LAXMAN MARIHAL, AGE: 32 YEARS, OCC: AGRICULTURE, R/O: KADROLLI, TQ: BAILHONGAL, DIST: BELAGAVI. Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:7353 RSA No. 101000 of 2019 SHRI. RUDRAPPA S/O. NINGAPPA MARIHAL, SINCE DECEASED BY HIS LR’S. 8. SMT. MALAWWA W/O. RUDRAPPA MARIHAL, AGE: 54 YEARS, OCC: HOUSEHOLD, R/O: KADROLLI, TQ: BAILHONGAL, DIST: BELAGAVI. 9. SMT. SHEELA W/O. IRAPPA PAARI, AGE: 34 YEARS, OCC: HOUSEHOLD, R/O: KADROLLI, TQ: BAILHONGAL, DIST: BELAGAVI. 10. SHRI. CHANNABASAPPA S/O. RUDRAPPA MARIHAL, AGE: 29 YEARS, OCC: AGRICULTURE, R/O: KADROLLI, TQ: BAILHONGAL, DIST: BELAGAVI. 11. SHRI. MUDAKAPPA S/O. RUDRAPPA MARIHAL, AGE: 28 YEARS, OCC: AGRICULTURE, R/O: KADROLLI, TQ: BAILHONGAL, DIST: BELAGAVI. …APPELLANTS (APPEAL AGAINST A2 STANDS ABATED V/O DATED: 29.11.2022; V/O DATED: 25.03.2025 SERVICE REPORT IN R/O – A1, A3 TO A5 AND A7 TO A11 ARE SUFFICIENT; A6 IS NOTICE TO HELD SUFFICIENT) AND: SHRI. DUNDAPPA S/O. RAMACHANDRAPPA MARIHAL, AGE: 65 YEARS, OCC: AGRICULTURE, R/O: NEW DADROLLI, (ITAGI ROAD), TQ: BAILHONGAL, DIST: BELAGAVI – 591 102. …RESPONDENT (BY SRI. RAMESH N. MISALE, ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 OF CPC, 1908 PRAYING TO CALL FOR THE LOWER COURTS RECORDS; SET ASIDE THE JUDGMENT AND DECREE PASSED BY THE SENIOR CIVIL JUDGE BAILHONGAL, AT BAILHONGAL DATED 12.09.2019 IN R.A.NO.48/2018 AND SET ASIDE THE JUDGMENT AND DECREE PASSED BY THE CIVIL JUDGE AND JMFC, KITTUR DATED 15.11.2018 IN O.S.NO.437/2015, AND DECREE THE SUIT AS PRAYED FOR IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., - 3 - HC-KAR NC: 2025:KHC-D:7353 RSA No. 101000 of 2019 THIS APPEAL, COMING ON FOR ADMISSION THIS DAY ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL) By order dated 05.02.2025 accepting the memo of retirement filed by Sri.R.M.Kulkarni, learned advocate earlier appearing for the appellants, this Court had directed the registry to issue notice to the appellants. Pursuant thereof, a communication dated 27.03.2025 is received from the Civil Judge and JMFC, Kittur for having served the notice on appellants No.1, 4, 5, 7, 8, 9, 10 and 11 personally. Service has thus been held sufficient. In that view of the matter, despite service of notice as above, neither the appellants are present nor there is any representation. Counsel for respondent, Sri.Ramesh N Misale is present. - 4 - HC-KAR NC: 2025:KHC-D:7353 RSA No. 101000 of 2019 The appeal is dismissed for non-prosecution. Sd/- (M.G.S. KAMAL) JUDGE SH/CT-ASC List No.: 1 Sl No.: 24