- 1 - HC-KAR NC: 2025:KHC-D:11661 RSA No. 5260 of 2010 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR SECOND APPEAL NO. 5260 OF 2010 (INJ) BETWEEN: 1. ANIL S/O. SRIPAL SATAGOUDA AGE: 44 YEARS, OCC: AGRICULTURE, R/O: MAJAGAON-591114 TAL. AND DIST: BELGAUM. 2. AJIT S/O. SRIPAL SATAGOUDA AGE: 41 YEARS, OCC. AGRICULTURE, R/O: MAJAGAON-591114 TAL. AND DIST: BELGAUM. …APPELLANTS (APPELLANTS ABSENT) AND: 1. MALLAPPA SAVANTAPPA SATAGOUDA AGE: MAJOR, R/O: MAJAGAON, TAL. AND DIST: BELGAUM. 2. SMT. INDUAMTI W/O. MALLAPPA SATAGOUDA SINCE DECEASED R2 TO R5 ARE TREATED AS LRS VIDE ORDER DATED:13.12.2012. 3. GUNDURAO MALLAPA SATAGOUDA AGE: 47 YEARS, OCC: SERVICE, R/O: NO.1326/7, SECTOR NO.III GHARKOPA, KANDIVILI WEST, MUMBAI-400078. Digitally signed by CHANABASAPPA K KALLUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.09.11 16:12:12 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11661 RSA No. 5260 of 2010 4. PAYAPPA MALLAPPA SATAGOUDA AGE: 43 YEARS, OCC: ADVOCATE R/O: H.NO. 11, MAJAGAON-591114 TAL. AND DIST: BELGAUM. 5. TEJPAL MALLAPPA SATAGOUDA AGE: 35 YEARS, OCC: ADVOCATE R/O: NO.1327/7, SECTOR NO.III, GHARAKOPA, KANDIVAILI WEST, MUMBAI-400078. 6. SMT. VIDYAMATI D/O. MALLAPPA SATAGOUDA AGE: 30 YEARS, OCC: ADVOCATE R/O: NO.II, MAJAGAON-591114 TAL. AND DIST:BELGAUM. …RESPONDENTS (BY SRI. ANAND ASHTEKAR, AND SRI SHEKHARGOUDA M. NAGANURI, ADVOCATES FOR RESPONDENTS NO.2, 4 AND 5) (SERVICE OF NOTICE TO RESPONDENT NO.3-DISPENSED WITH) RESPONDENT NO.1-DECEASED) THIS RSA IS FILED UNDER SECTION 100 OF THE CPC. PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 22-12-2009, PASSED IN R.A.NO.776/2009, ON THE FILE OF THE FAST TRACK COURT-I AND ADDL. SESSIONS JUDGE, BELGAUM AND THE JUDGMENT AND DECREE DATED 29-10-2005 PASSED IN O.S.NO.316/2000 ON THE FILE OF THE IV-ADDL. CIVIL JUDGE (JR.DN.), BELGAUM, AND DISMISS THE SUIT OF THE PLAINTIFF AND ALLOW THIS APPEAL WITH COSTS, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:11661 RSA No. 5260 of 2010 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Memo of retirement filed by learned counsel Sri Ravi S. Balikai appearing for appellants, in which it is stated as under : “In the above case, the undersigned Advocate has appeared for the Appellants. There is no response from the Appellants and in spite of issue of Registered Notices, the Appellants have not turned up and met the undersigned Advocate and they have not furnished the instructions in the above case. The copies of the Notice issued and Postal Acknowledgements are produced herewith. Hence the undersigned Advocate may be permitted to retire from the above said case. Hence, this memo for retirement.” 2. Along with above said memo, learned counsel for appellants has produced the copy of notice sent through - 4 - HC-KAR NC: 2025:KHC-D:11661 RSA No. 5260 of 2010 RPAD to appellants No.1 and 2 and also postal acknowledgements. 3. Since notice issued by learned counsel for appellants is served on appellants by registered post, memo of retirement filed by him is accepted. Accordingly, learned counsel Sri Ravi S. Balikai is permitted to retire from this case. 4. Both appellants called out in the open Court, they remained absent and unrepresented. Appellants have no interest n prosecuting this case; hence, the appeal is dismissed for default and non-prosecution. Sd/- (G BASAVARAJA) JUDGE CKK CT-CMU LIST NO.: 1 SL NO.: 69