- 1 - HC-KAR NC: 2025:KHC-D:17061 RSA No. 100870 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REGULAR SECOND APPEAL NO.100870 OF 2025 (FDP) BETWEEN: SHRI VASUDEVRAO S/O. RAMRAO DESHPANDE, DECEASED BY HIS LRS. SHRI RAJEEV S/O. VASUDEVRAO DESHPANDE, AGE: 66 YEARS, OCC. BUSINESS AND AGRICULTURE, R/O. RAM NIVAS, H.NO. 195, 2ND MAIN, 1ST CROSS, NARAYANPUR, DHARWAD-580008. …APPELLANT (BY SRI. SHRIKANT T. PATIL, ADVOCATE) AND: 1. BHASKAR DATTUBARAO DESHPANDE SINCE DECEASED BY HIS LRS. SMT. LAXMIBAI W/O. BHASKARAO DESHPANDE, AGE: 68 YEARS, OCC. HOUSEHOLD WORK, R/O. DESHPANDE GALLI, SHUKRAVAR PETH, DHARWAD-580001. 2. SRI. VINAYAK S/O. BHASKARAO DESHPANDE, AGE: 36 YEARS, OCC. BUSINESS, R/O. DESHPANDE GALLI, SHUKRAVAR PETH, DHARWAD-580001. 3. SMT. SHITABAI W/O. DATTATREYA DESHPANDE, SINCE DECEASED BY HER LRS., SRI. ARUN S/O. VENKATRAO KULKARNI, AGE: 74 YEARS, OCC. PENSION, YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.12.03 14:45:44 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17061 RSA No. 100870 of 2025 R/O. A/64, KENDRIYA VIHAR SELTER 51, NOIDA-201301. 4. SRI. VILAS S/O. VENKATRAO KULKARNI, AGE: 67 YEARS, OCC. PENSION, R/O. A/64, KENDRIYA VIHAR SELTER 51, NOIDA-201301 5. SRI. SATISH S/O. VENKATRAO KULKARNI, AGE: 62 YEARS, OCC. PENSION, R/O. PLOT NO.7, MADHUSUDHAN BUILDING, SHRIRAM SOCIETY, VARAJI NAKA, PUNE-411058. 6. SMT. SANDHYA D/O. VENKATRAO KULKARNI, AGE: 60 YEARS, OCC. HOUSEHOLD WORK, R/O. PLOT NO. 7, MADHUSUDHAN BUILDING, SHRIRAM SOCIETY, VARAJI NAKA, PUNE-410058. 7. SRI. SANJAY S/O. GOPALRAO MUNAVALLI, AGE: 47 YEARS, OCC. GOVT. SERVANT, R/O. TALUKA OFFICE, RATTIHALLI, DIST. HAVERI-581116. 8. SMT. REKHA G AGE: 44 YEARS, OCC. PRIVATE WORK, R/O. SHRI RAGHAVENDRA MEDICALS, DUNDI ONI, OPPOSITE, NEAR VEERABHADRA GUDI, KAMANAKATTI, DHARWAD-580001. …RESPONDENTS (BY SRI. SHASHIKANTH S. HIREMATH, ADVOCATE FOR C/R1 AND R2) THIS RSA IS FILED U/SEC.100 OF CPC, PRAYING THAT THE JUDGMENT AND DECREE PASSED IN RA NO.95/2023 DATED 21.08.2025 ON THE FILE OF III ADDL. DISTRICT AND SESSIONS AND SPL. JUDGE, DHARWAD BE SET ASIDE AND JUDGMENT AND DECREE DATED 30.10.2023 IN FDP NO.25/2018 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND CJM DHARWAD BE SET ASIDE AND ETC. THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:17061 RSA No. 100870 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C M JOSHI) After hearing the matter for sometime, the learned counsel appearing for the appellant submits that he does not press the present appeal. Noting that the history of this appeal goes back to the decree which was passed in O.S.No.23/1949 and the parties want to abide by the decree passed by the Courts below in pursuance to the judgment passed by this Court in RSA No.5192/2008 dated 06.03.2014, the request of the learned counsel for the appellant is accepted. Accordingly, the appeal is dismissed as not pressed. In view of disposal of the appeal, pending interlocutory applications, if any, do not survive for consideration and are disposed of. SD/- (C M JOSHI) JUDGE YAN CT:PA LIST NO.: 1 SL NO.: 34