- 1 - HC-KAR NC: 2025:KHC-D:9721 RSA No. 5004 of 2008 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR SECOND APPEAL NO. 5004 OF 2008 BETWEEN: 1. BHAVASAR KSHATRIYA SAMAJ PAAN BAZAAR, HUBLI, A TRUST COMMITTEE, HUBLI. 2. SRI. MADHUKAR CHINNAPPA MIRAJKAR AGE. 71 YEARS, OCC. BUSINESS, RESIDENT OF HUBLI, PRESIDENT OF THE APPELLANT TRUST COMMITTEE. …APPELLANTS (BY SRI. GOURI SHANKAR MOT, ADVOCATE) AND: 1. SMT. SUSHEELABAI KOM. GANAPATRAO PAWAR AGE. 55 YEARS, OCC. HOUSEHOLD WORK, RESIDENT OF RADHAKRISHNA GALLI, HUBLI. 2. SMT. KRISHNABAI KOM. HANAMANTATRAO SOLANKHE AGE. 70 YEARS, OCC. HOUSEHOLD WROK, RESIDENT OF DAJIBANPETH, HUBLI. 3. SMT. LAXMIBAI KOM. NARAYANRAO PAWAR AGE. 60 YEARS, OCC. HOUSEHOLD WORK, RESIDENT OF AZAD ROAD, HUBLI. 4. SRI. TUKARAM S/O. NARAYAN PAWAR AGE. 50 YEARS, OCC. CARPENTER RESIDENT OR RADHAKRISHNA GALLI, HUBLI. 5. SRI. NAMDEV NARAYAN PAWAR AGE. ABOUT 45 YEARS, OCC. GOUNDI WORK, RESIDENT OF AZAD ROAD, HUBLI. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.06 11:05:46 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9721 RSA No. 5004 of 2008 6. BALAKRISHNA S/O. NARAYAN PAWAR AGE. 36 YEARS, OCC. BUSINESS, RESIDENT OF AZAD ROAD, HUBLI. 7. SRI VAMAN S/O. NARAYAN PAWAR AGE. MAJOR, OCC. NOT KNOWN RESIDENT OF AZAD ROAD, HUBLI. 8. SMT. RUKMAVVA NARAYAN PAWAR, AGE. MAJOR, OCC. HOUSEHOLD WORK, RESIDENT OF AZAD ROAD, HUBLI. 9. SRI GANAPATRAO S/O. RAMRAO LOKHANDE SINCE DECEASED BY HIS LRS. 9(A). SRI ARUN S/O. GANAPATRAO LOKHANDE AGE. MAJOR, OCC. TAILORING RESIDENT OF RADHAKRISHNA GALLI, HUBLI. 10. SRI. MARUTI S/O. GUNDURAO LOKHANDE AGE. 43 YEARS, OCC. TAILORING RESIDENT OF MANGALWARPETH, HUBLI. 11. SRI. KRISHANAJI S/O. LAXMAN LOKHANDE SINCE DECEASED BY HIS LRS 11(A). SRI. PRAKASH S/O. KRISHNAJIRAO LOKHANDE AGE. MAJOR, OCC. TAILORING RESIDENT OF RADHAKRISHNA GALLI, HUBLI. 11(B). SRI. RAMESH S/O. KRISHNAJIRAO LOKHANDE AGE. MAJOR, OCC. TAILORING, RESIDENT OF RADHAKRISHNA, HUBLI. 12. SRI. SHANKAR S/O. ANANT LOKHANDE AGE. 55 YEARS, OCC. TAILORING RESIDENT OF KHAJE GALLI, INFRONT OF DASANAKOPPA’S BUILDING, DHARWAD. - 3 - HC-KAR NC: 2025:KHC-D:9721 RSA No. 5004 of 2008 13. SRI. PRABHAKAR S/O. VADIRAJ SHET AGE. MAJOR, OCC. BUSINESS RESIDENT OF VITHOBA DEVAR GALLI, HUBLI. 14. SRI. SURESH SRINIVAS ANEGUNDI AGE. MAJOR, OCC. NOT KNOWN RESIDENT OF RADHAKRISHNA GALLI, LOKHANDE CHAWL, HUBLI. 15. SRI. RAGHAVENDRA SRINIVAS ANEGUNDI AGE. MAJOR, OCC. NOT KNOWN, RESIDENT OF RADHAKRISHNA GALLI, LOKHANDE CHAWL, HUBLI. …RESPONDENTS (BY SRI. D.T. HEBBAR AND SRI. L.M. SHEELVANT, ADVOCATES FOR R14,R15; SRI. K.S. KOTISHETTAR AND SRI. S.C. JAINAR, ADVOCATES FOR R9 (A), R10, R11(A). R11(B); NOTICE TO R7, R8, R12 SERVED; R6 AND R13 HELD SUFFICIENT; R1 TO R5, R9(A), R10 AND R11(B) ABATED) THIS RSA IS FILED UNDER SECTION 100 R/W. ORDER XLI RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 03.03.2008 PASSED IN R.A.NO.84/2001 ON THE FILE OF THE I ADDL. CIVIL JUDGE (SR.DN.) HUBLI, DISMISSING THE APPEAL FILED AGAINST THE JUDGMENT AND DECREE DATED 19.03.2001 PASSED IN O.S. NO.424/1980 ON THE FILE OF THE I ADDL. CIVIL JUDGE (JR.DN.) HUBLI. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:9721 RSA No. 5004 of 2008 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Learned Counsel for the appellants has filed a memo seeking to dismiss the appeal as not pressed. The same reads as under: “MEMO Herein, the appellants hereby respectfully submits as under: The appellants and respondent No.10’s legal heirs in response to the advice of the elders and having convinced themselves that it is not practical and worthwhile to keep the above appeal alive and thus having had discussion, negotiation in the midst of the elders members, agreed to resolve. That the respondent No.10 legal heirs are in possession of the suit property by virtue of agreement dated 11.11.2024. The appellants have given up all his right, title and interest in the suit property n favour of the respondent No.10’s legal heirs. - 5 - HC-KAR NC: 2025:KHC-D:9721 RSA No. 5004 of 2008 Therefore, it is humbly prayed this Hon’ble Court pleased to dismiss as not pressed above appeal, in the interest of justice and equity. Hence this memo.” 2 Memo is taken on record. In view of the memo, appeal is dismissed as not pressed. Sd/- (G BASAVARAJA) JUDGE lnn Ct-cmu LIST NO.: 3 SL NO.: 1