- 1 - HC-KAR NC: 2025:KHC-D:8035 RSA No. 100498 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL REGULAR SECOND APPEAL NO.100498 OF 2018 (DEC/INJ) BETWEEN: 1. SHRI. BHIMAPPA SHIDDAPPA KADLIKOPPA, AGE: 61 YEARS, OCC: AGRICULTURE, R/O: SOPPADLA, TQ: RAMDURG, DIST: BELAGAVI – 591 123. 2. SMT. YALLAWWA HANUMANTH KUDDAPPANAVAR, AGE: 56 YEARS, OCC: HOUSEHOLD WORK, R/O: NARASAPUR, TQ: RAMDURG, DIST: BELAGAVI – 591 123. 3. SMT. BHIMAWWA KAREPPA BULLOJI, AGE: 49 YEARS, OCC: HOUSEHOLD WORK, R/O: ANANTPURA, TQ:MUDHOL, DIST: BAGALKOT – 587 313. 4. SHIVAPPA SHIDDAPPA KADLIKOPPA, AGE: 36 YEARS, OCC: AGRICULTURE, R/O: SOPPADLA, TQ: RAMDURG, DIST: BELAGAVI – 591 123. 5. SMT. MAYAWWA W/O. SHIDDAPPA KADLIKOPPA, AGE: 80 YEARS, OCC: HOUSEHOLD WORK, R/O: SOPPADLA, TQ: RAMDURG, DIST: BELAGAVI – 591 123. …APPELLANTS [BY SRI. VINAY S. KOUJALAGI, ADVOCATE FOR A1 TO A4 (ABSENT)] AND: 1. SMT. HAMPAWWA W/O. NIMBEPPA MUTTUR, AGE: 70 YEARS, OCC: HOUSEHOLD WORK, R/O: YANAMPETH, RAMDURG, TQ: RAMDURG, DIST: BELAGAVI – 591 123. Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:8035 RSA No. 100498 of 2018 2. GURUSIDDAPPA NIMBEPPA MUTTUR, AGE: 50 YEARS, OCC: BUSINESS, R/O: YANAMPETH, RAMDURG, TQ: RAMDURG, DIST: BELAGAVI – 591 123. 3. AJAYKUMAR S/O. NIMBEPPA MUTTUR, AGE: 45 YEARS, OCC: NIL, R/O: YANAMPETH, RAMDURG, TQ: RAMDURG, DIST: BELAGAVI – 591 123. 4. SADANAND S/O. SHIDDAPPA MUTTUR, AGE: 58 YEARS, OCC: GOVERNMENT SERVICE, C/O. B.S.BALLOLLI, GROUND FLOOR, SHREYAS APARTMENT 161, BUDHWAR PETH, TILAKWADI, BELAGAVI – 591 123. 5. SMT. KAVITA W/O. SHRIKANT LAMANI, AGE: 45 YEARS, OCC: HOUSEHOLD WORK, R/O: DADIBHAVI TANDA, TQ: RAMDURG, DIST: BELAGAVI – 591 123. 6. SMT. HIREWWA W/O. PUNDALIK LAMANI, AGE: 46 YARS, OCC: HOUSEHOLD WORK, R/O: DADIBHAVI TANDA, TQ: RAMDURG, DIST: BELAGAVI – 591 123. 7. SONAWWA W/O. HANAMANTAPPA LAMANI, AGE: 45 YARS, OCC: AGRICULTURE AND HOUSEHOLD WORK, R/O: DADIBHAVI TANDA, TQ: RAMDURG, DIST: BELAGAVI – 591 123. 8. BASAPPA YALLAPPA KADLIKOPPA, AGE: 45 YEARS, OCC: AGRICULTURE, R/O: SOPPADLA, TQ: RAMDURG, DIST: BELAGAVI – 591 123. …RESPONDENTS (BY SRI. R. K. KULKARNI, ADVOCATE FOR C/R2 AND R3) THIS RSA IS FILED UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE PRAYING TO CALL FOR RECORDS, ALLOW THE APPEAL AND SET ASIDE THE JUDGMENT AND DECREE DATED 04.04.2018 PASSED IN R.A.NO.251/2013 BY THE 2ND ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI AND JUDGMENT AND DECREE DATED 28.03.2013 PASSED IN O.S.NO.127/2007 BY THE SENIOR CIVIL JUDGE RAMDURG AT RAMDURG IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - HC-KAR NC: 2025:KHC-D:8035 RSA No. 100498 of 2018 THIS APPEAL, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL) 1. This matter was dismissed for non-prosecution on 23.11.2022 for non-compliance of office objections. Applications seeking recall of the said order were filed. By the order dated 10.03.2025, the said applications were allowed granting a week’s time to comply with the office objections. Matter was listed on 03.06.2025. None appears for the appellants. When the matter was called on two occasions, as such this Court adjourned the matter to 16.06.2025 subject to payment of cost of Rs.2,000/-. Again from 26.06.2025, the matter was listed today. Neither the cost is paid nor there is no representation for the appellants. Office objections are not complied with. 2. The learned counsel for the respondents is present. Clearly appellant is not interested in prosecuting - 4 - HC-KAR NC: 2025:KHC-D:8035 RSA No. 100498 of 2018 the matter. No purpose will be served in granting the time repeatedly. Appeal is therefore dismissed for non- prosecution with further payment of cost of Rs.2,000/- Sd/- (M.G.S. KAMAL) JUDGE VMB/CT-ASC List No.: 1 Sl No.: 31