- 1 - HC-KAR NC: 2025:KHC-D:7712 RSA No. 100331 of 2014 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL RSA NO.100331 OF 2014 (DEC/INJ) BETWEEN: SHRI. MALLAPPA DEVAGOUDA PATIL, AGE: 57 YEARS, OCC: PRIVATE SERVICE, NOW AT R/O: TAMBI MALM, ICHHALAKARANJI – 416 115, TALUKA HATKANAGALA, DIST: KOLHAPUR, MAHARASHTRA STATE. … APPELLANT [BY SRI. S.V.DESHPANDE A.V., ADVOCATE (ABSENT)] AND: 1. SHRI. KRISHNA APPANNA DIVATE, AGE: 54 YEARS, OCC: AGRICULTURE, R/O: KOT 591254, TALUKA: HUKERI, DIST: BELGAVI. 2. SHRI. SHIVALING DEVAGOUDA PATIL, AGE: 56 YEARS, OCC: PRIVATE SERVICE, NOW AT R/O: TAMBI MAL, ICHHALAKARANJI – 416 115, TALUKA: HATKANAGALA, DIST: KOLHAPUR, MAHARASHTRA STATE. … RESPONDENTS THIS RSA IS FILED UNDER ORDER XLII RULE 1 READ WITH SECTION 100 OF CPC, 1908 PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 01.04.2014 PASSED BY THE SENIOR CIVIL JUDGE HUKERI IN R.A.NO.48/2012; SET ASIDE THE JUDGMENT AND DECREE DATED 13.07.2011 PASSED BY THE CIVIL JUDGE SANKESHWAR IN O.S.NO.33/2009; ALLOW THE APPEAL WITH COTS THROUGHOUT BY DISMISSING THE SUIT IN OS 33/2009 ON THE FILE OF THE CIVIL JUDGE SANKESHWAR AND ETC., THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:7712 RSA No. 100331 of 2014 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL) 1. By order dated 08.06.2020, this Court directed issuance of Court notice to the sole appellant in view of demise of Shri M.G. Naganuri, advocate on record. 2. By order dated 06.11.2024, the notice was ordered to be reissued as the same had returned with an endorsement “unserved”. 3. That the Registrar (Judicial-II) High Court Appellate Side, Bombay had addressed a letter dated 31.01.2025 seeking re-issuance of the letter to the Registrar for steps as the earlier notice has not been served. Accordingly, by order dated 14.03.2025, notice was again ordered to be re-issued. 4. A communication dated 28.05.2025 has been received from the Civil Judge Senior Division, District Kolhapur, Maharastra, by the Registry of this Court along with the report of the Balief in Marati language, translation of which is also placed by the Registry of this Court. Reading of - 3 - HC-KAR NC: 2025:KHC-D:7712 RSA No. 100331 of 2014 which reveal that address of the appellant is incomplete and as such notice could not be served. Hence, sought for providing of the complete address. 5. As noted above, the Court notice was ordered to be issued to the sole appellant in view of the demise of the counsel on record, only to provide an opportunity to the appellant to prosecute the matter. Court notice was directed to be issued to the address as shown in the cause title of the appeal memorandum. There is no possibility of collecting any other address of the appellant. 6. In the circumstances, there is no option but to dismiss the appeal for non-prosecution, making in clear in the event of appellant seeking revival of the appeal, the same would be considered in accordance with law. Sd/- (M.G.S. KAMAL) JUDGE VNP/CT-ASC List No.: 1 Sl No.: 1