- 1 - HC-KAR NC: 2025:KHC-D:16065 RSA No. 1336 of 2007 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 21ST DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REGULAR SECOND APPEAL NO.1336 OF 2007 (SP) BETWEEN: 1. GIDDAPPA NANEPPA LAMANI SINCE DECEASED BY HIS LRS. BUDEPPA GIDDAPPA LAMANI S/O. GIDDAPPA, AGED ABOUT 52 YEARS, 2. CHANDRAPPA GIDDAPPA LAMANI S/O. GIDDAPPA, AGED ABOUT 42 YEARS, 3. SURESH GIDDAPPA LAMANI S/O. GIDDAPPA, AGED ABOUT 39 YEARS, 4. GANGAWWA W/O. SHIVAPPA LAMANI. AGED ABOUT 45 YEARS, R/O. GANGAJALA THANDA, RANEBENNUR TALUK, HAVERI DISTRICT-581115. 5. PARAWWA W/O. HEMALLAPPA, AGED ABOUT 43 YEARS, R/O. KUNCHOOR, HARAPANAHALLI TALUK, DAVANGERE DISTRICT, PIN CODE-581115. 6. LALITAVVA W/O. BHEEMAPPA LAMANI, AGED ABOUT 34 YEARS, R/O. DEVARAGUDDA, YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.11.24 10:19:31 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16065 RSA No. 1336 of 2007 RANEBENNUR TALUK, HAVERI DISTRICT, PIN CODE-581115. 7. SMT. CHALAVVA W/O. RAMAPPA LAMANI, AGED ABOUT 50 YEARS, 8. DESHAPPA DUGGEPPA LAMANI SINCE DECEASED BY HIS LRS. CHANDRASHEKARAPPA DESHAPPA LAMANI S/O. DESHAPPA, AGED ABOUT 40 YEARS, 9. PARASHURAMAPPA DESHAPPA LAMANI S/O. DESHAPPA, AGED ABOUT 38 YEARS, 10. MANJULA D/O. DESHAPPA LAMANI, AGED ABOUT 36 YEARS, 11. RENUKA D/O. DESHAPPA LAMANI, AGED ABOUT 29 YEARS, 12. PARAVVA W/O. DESHAPPA LAMANI, AGED ABOUT 50 YEARS, 13. SMT. TOCHAVVA W/O. GOMAPPA LAMANI, AGED ABOUT 50 YEARS, 14. LACHAVVA W/O. TEBAPPA LAMANI, SINCE DECEASED BY HIS LRS. HALESHAPPA S/O LAXMAPPA LAMANI, AGED ABOUT 30 YEARS, 15. CHANDRU S/O. TEBAPPA LAMANI, AGED ABOUT 28 YEARS, 16. BASAPPA TEBAPPA LAMANI S/O. TEBAPPA, AGED ABOUT 35 YEARS, 17. SMT. SHANTAVVA W/O. SOMALEPPA LAMANI, AGED ABOUT 32 YEARS, - 3 - HC-KAR NC: 2025:KHC-D:16065 RSA No. 1336 of 2007 18. SMT SUNDRAVVA W/O. SOMALEPPA LAMANI, AGED ABOUT 29 YEARS, 19. SMT. NEGLAVVA W/O. KUBEPPA LAMANI, AGED ABOUT 42 YEARS, 20. HANUMANTHAPPA KUBEPPA LAMANI S/O KUBEPPA, AGED ABOUT 35 YEARS, 21. YALLAPPA KUBEPPA LAMANI S/O. KUBEPPA, AGED ABOUT 28 YEARS, 22. KHEERAPPA KUBEPPA LAMANI S/O. KUBEPPA, AGED ABOUT 30 YEARS, 23. SHEKHAPPA KUBEPPA LAMANI S/O. KUBEPPA, AGED ABOUT 29 YEARS, 24. HALESH KUBEPPA LAMANI S/O. KUBEPPA, AGED ABOUT 28 YEARS, 25. PRAKASH KUBEPPA LAMANI S/O. KUBEPPA, AGED ABOUT 26 YEARS, 26. SMT. NAGAVVA SINCE DECEASED BY HIS LRS. SMT MALLAVVA W/O. CHANDRASHEKAR LAMANI, AGED ABOUT 33 YEARS, 27. MANJULA W/O. SHEKAPPA LAMANI, AGED ABOUT 31 YEARS, 28. SMT. PREMAVVA W/O. HANUMANTHAPPA LAMANI, AGED ABOUT 27 YEARS, R/O. DEVARAGUDDA, RANEBENNUR TALUKM HAVERI DISTRICT, PIN-581115. - 4 - HC-KAR NC: 2025:KHC-D:16065 RSA No. 1336 of 2007 ALL EXCEPT 4, 5, 6 AND 28 ARE R/O. HUNASIKATTI, RANEBENNUR TALUK, HAVERI DISTRICT, PIN CODE-581115. …APPELLANTS (BY SRI. M.V. HIREMATH, ADVOCATE AND SRI. BASAVANNA R. M, ADVOCATE) AND: 1. NINGAPPA NEELAPPA MADAR @ DODDAMANI, S/O. NEELAPPA, AGE: MAJOR, R/O. RANEBENNUR, HAVERI DISTRICT, PIN CODE-581115. 2. HALAPPA S/O. NEELAPPA MADAR @ DODAMANI, AGE: MAJOR, R/O. RANEBENNUR, HAVERI DISTRICT, PIN CODE-581115. …RESPONDENTS (BY SRI. S.S. VIJANNAVAR, ADVOCATE AND SRI. G. MEERABAI, ADVOCATE FOR R1 AND R2) THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO SET ASIDE THE AND DECREE DATED 12.02.2007 PASSED BY THE CIVIL JUDGE, (SR.DN), AND PRL. JMFC, RANEBENNUR IN R.A.NO.53/2006 AND CONSEQUENTIAL JUDGMENT AND DECREE DATED 19.06.2006 PASSED BY THE PRL. CIVIL JUDGE (JR.DN), & I ADDL. JMFC, RANEBENNUR IN O.S.NO.160/2000 AND ALLOW THE APPEAL WITH COST, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC-D:16065 RSA No. 1336 of 2007 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C M JOSHI) This appeal was de-linked from RSA No.5946/2013 on 17.10.2025 and adjourned. On 13.11.2025, this Court observed as below: “ORAL ORDER “No representation on both sides in the morning Session. Hence, the matter is passed over. When the matter called out in the afternoon session, learned counsel Sri.Shashwat Hiremath on behalf of the learned counsel on record Sri.M.B.Hiremath seeks for a short accommodation, stating that the counsel on record has some inconvenience today. Since the matter is of the year 2007, the appeal is adjourned to be listed on 05.11.2025 with a condition that no further adjournment will be given on the next date of hearing.” 2. On the last date of hearing, matter was adjourned at request. - 6 - HC-KAR NC: 2025:KHC-D:16065 RSA No. 1336 of 2007 3. Today also, none appears for the appellants to advance the arguments. It seems that the appellants are not interested in prosecuting the appeal. Hence, the appeal stands dismissed for non-prosecution. SD/- (C M JOSHI) JUDGE YAN CT:PA LIST NO.: 1 SL NO.: 34