- 1 - NC: 2025:KHC-D:2116-DB RFA No. 100155 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE ASHOK S. KINAGI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA REGULAR FIRST APPEAL NO. 100155 OF 2019 (PAR/POS) BETWEEN: 1. SHRI. LAXMAN S/O. KALLAPPA MALI SINCE DECEASED REPRESENTED BY HIS LRS 1A) SMT. KAMALAVVA W/O. LATE LAXMAN MALI AGE: 66 YEARS, OCC: HOUSEHOLD WORK, 1B) SMT. MAHADEVI D/O. LATE LAXMAN MALI AGE: 44 YEARS, OCC: HOUSEHOLD WORK, 1C) SHRI. VITTAL S/O. LATE LAXMAN MALI AGE: 42 YEAS, OCC: AGRICULTURAL 1D) SHRI. SADASHIV S/O. LATE LAXMAN MALI AGE: 40 YEARS, OCC: AGRICULTURAL ALL ARE RESIDING AT WARD NO.3 JAMBGI ROAD, NEAR JAMKHANDI, TQ: JAMKHANDI DIST: BAGALKOT-587301. …APPELLANTS (BY SRI. SHIVARAJ S. BALLOLI, ADVOCATE FOR A1 (A TO D)) Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA Date: 2025.02.06 15:04:34 +0530 - 2 - NC: 2025:KHC-D:2116-DB RFA No. 100155 of 2019 AND: 1. SMT. SHARANAMMA W/O. KOTRESH HIREMATH AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O: RAJAT GIRI, DHARWAD. 2. SMT. SHASHIKALA W/O. GURURAJ HIREMATH, AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O: H.NO. 171, 6TH CROSS, CHIDAMBER NAGAR, TILAKWADI, BELAGAVI. 3. SHRI. BASAVARAJ S/O. SHIVAPUTRAPPA AMBALI AGE: MAJOR, OCC: CONTRACTOR, R/O: HO NO. 49 RAMKRISHNA NAGAR, GOKUL ROAD, HUBBALLI, DIST: DHARWAD, 4. SMT. CHANDA W/O. ASHOK ANGADI HIREMATH AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O: JAKANUR, TQ: BADAMI, DIST: BAGALKOT. 5. SMT. SHAILA W/O. ASHOK PATIL AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O: 13TH CROSS, KALYAN NAGAR, DHARWAD. 6. SMT. MANJULA W/O. CHANDRASHEKAR HIREMATH AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O: MANJU VIHAR, GOGAL MADAGAON, GOA. 7. SHRI. SHIVASHANKAR S/O. RACHAPPA AMBALI AGE: MAJOR, OCC: ADVOCATE, R/O: NEAR KHODAYS DISTILLERIES, VIDYA NAGAR, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD. 8. SHRI. MAHESH S/O. RACHAPPA AMBLI, - 3 - NC: 2025:KHC-D:2116-DB RFA No. 100155 of 2019 AGE: MAJOR, OCC: CONTRACTOR, R/O. WING 609, CHADRESH CHAYA PHASE NO.1, LODHA COMPLEX, MEERA ROAD (EAST), DIST: THANE, MAHARASHTRA STATE. 9. SHRI. ANNAPPA S/O. BASAPPA AMBLI AGE: MAJOR, OCC: AGRICULTURE, R/O: AMBLI GALLI, JAMKHANDI, DIST : BAGALKOT. 10. SMT. MANJULA W/O. SOMANATH AMBLI, AGE: 62 YEARS, OCC: HOUSEHOLD WORK, R/O: 201, GOLD NAST APARTMENT, GOLDEN PARK EXTENSION, DAVANGEPETH ROAD, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD. 11. SHRI. ROHIT S/O. SOMANATH AMBLI, AGE: 39 YEARS, OCC: CAR GARAGE, R/O: 201, GOLD NAST APARTMENT, GOLDEN PARK EXTENSION, DAVANGEPETH ROAD, HUBBALLI, TQ : HUBBALLI, DIST: DHARWAD. 12. SHRI . MRUTUNJAY S/O. SOMANATH AMBLI AGE: 35 YEARS, OCC: AUTOMOBILE SHOP, R/O: 201, GOLD NAST APARTMENT, GOLDEN PARK EXTENSION, DAVANGEPETH ROAD, HUBBALLI TQ: HUBBALLI. DIST: DHARWAD. 13. SMT. JYOTI W/O. GIRISH VIRUPAKSHER, AGE: 40 YEARS, OCC: HOUSEHOLD WORK, R/O: 201, GOLD NAST APARTMENT, GOLDEN PARK EXTENSION. - 4 - NC: 2025:KHC-D:2116-DB RFA No. 100155 of 2019 DAVANGEPETH ROAD, HUBBALLI,TQ: HUBBALLI, DIST: DHARWAD. 14. SMT. NILAMMA W/O. HOLABASAYYA SALIMATH AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O: MACHAKANUR, TQ: MUDHOL, DIST: BAGALKOT. 15. SMT. DR. SUSHILA W/O. DR. K.S. DATTA, AGE: MAJOR, OCC: MEDICAL PRACTITIONER, R/O: MADHURA PARK, NEAR SHAKTI COLONY, HUBBALLI, TQ : HUBBALLI, DIST: DHARWAD. 16. SMT. BHARATI GARWAD AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O: 102, FIRST FLOOR, MUKTA APARTMENT, TIMMA SAGAR COLONY, FIRST CROSS, VIDYA NAGAR, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD. …RESPONDENTS (BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE FOR R7, R10, R11, R12 AND R13; NOTICE TO R1, R3, R4, R5, R14, R15 ARE SERVED; R9 STANDS ABATED V/O. DATED 08.11.2023; R2, R6, R8, AND R16 STANDS DISMISSED V/O. DATED 08.11.2023) THIS RFA IS FILED UNDER ORDER 41 RULE 1 READ WITH SEC. 96 OF CPC., PRAYING TO, SET ASIDE THE JUDGMENT AND DECREE DATED 24.01.2019 PASSED IN O.S.NO.194/2007 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, JAMKHANDI, WITHDRAWING THE SUIT BY THE PLAINTIFFS. - 5 - NC: 2025:KHC-D:2116-DB RFA No. 100155 of 2019 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA ORAL ORDER (PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA) Learned counsel for the appellants seeks short accommodation on the ground that inspite of information given to appellants, they have not turned up. On the last date of hearing, matter was adjourned on costs. Inspite of that, appellants have not turned up and complied the office objections. Therefore, appeal is dismissed for not submitting paper books and for non-compliance of office objections. Sd/- (ASHOK S. KINAGI) JUDGE Sd/- (UMESH M ADIGA) JUDGE HMB LIST NO.: 1 SL NO.: 20