- 1 - NC: 2025:KHC-D:6072 RFA No. 100141 of 2017 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA REGULAR FIRST APPEAL NO. 100141 OF 2017 (PAR/POS) BETWEEN: SHRI. KALLAPPA S/O. TIPPANNA YALIVAL AGE: 48 YEARS, OCC: BUSINESS, R/O: KERI ONI, UNKAL, HUBBALLI, DIST; DHARWAD-580021. …APPELLANT (BY SRI. JAGADISH PATIL, ADVOCATE-ABSENT) AND: 1. KUMAR SAMPATKUMAR S/O. GANGADHAR AKKIYAVARU, AGE MINOR, OCC: STUDENT, R/O. C/O. ARALI KOTRAPPA, NEW 12TH WARD, POST CHITWADGI, TQ: HOSAPETE, DIST; BALLARI-583201. SINCE MINOR REPRESENTED BY NATURAL GUARDIAN MOTHER RESPONDENT NO.2. 2. SMT.ASHWINI @ ARLIMANJULA W/O GANGADHAR AKKUYAVARU, AGE 34 YEARS, OCC: HOUSEWIFE, R/O. C/O. ARALI KOTRAPPA, NEW 12TH WARD, POST CHITWADGI, TQ: HOSAPETE, DIST; BELLARY-583201. 3. SMT. GURUSHANTAMMA W/O. MAHARUDRAPPA AKKIRAVARU, AGE MAJOR, OCC; HOUSEWIFE, R/O: 25TH WARD, BALIGAR ONI, HUBBALLI, Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench. - 2 - NC: 2025:KHC-D:6072 RFA No. 100141 of 2017 DIST; DHARWAD-580024. 4. SMT.KALPANA W/O. PRAKASH ANDRAL, AGE MAJOR, OCC: HOUSE WIFE, R/O. ASHWINI NAGAR, TQ & DIST: HAVERI-58110. 5. SHRI. CHANDRASHEKAR S/O. MAHARUDRAPPA AKKIRAVARU, AGE 41 YEARS, OCC: BUSINESS, R/O: 25TH WARD, BALIGAR ONI, HUBBALLI, DIST; DHARWAD-580024. 6. SHRI. GANGADHAR S/O. MAHARUDRAPPA AKKIRAVARU, AGE 39 YEARS, OCC: BUSINESS, R/O: 25TH WARD, BALIGAR ONI, HUBBALLI, DIST; DHARWAD-580024. 7. SMT. UMA @ VIDYA W/O. NAGRAJ KADDIPUDI, AGE MAJOR, OCC: HOUSE WIFE, R/O. ASHWINI NAGAR, TQ & DIST: HAVERI-58110. 8. SMT. SHRIDEVI W/O. AJIT YELAMALI, AGE MAJOR, OCC: HOUSEWIFE, R/O. SONY APARTMENT, LINGRAJ NAGAR, HUBBALLI, DIST: DAHRWAD-580021. …RESPONDENTS (BY SRI. VEERESH R. BUDIHAL, ADV. FOR R1 & R2-ABSENT; SRI R. G. DHONGADI, ADV. FOR R3 TO R8-ABSENT) THIS REGULAR FIRST APPEAL IS FILED U/SEC.96 OF CPC, PRAYING TO CALL FOR RECORDS, SET ASIDE THE JUDGMENT AND DECREE DATED 26.11.2016 PASSED BY THE II ADDL. SENIOR CIVIL JUDGE, HUBBALI IN O.S.NO.326/2014, AND THEREBY DISMISS THE SUIT OF THE PLAINTIFFS BY ALLOWING THE PRESENT APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:6072 RFA No. 100141 of 2017 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA) 1. No representation for both the sides. 2. The matter was called out in the morning session. There was no representation at 12.48 p.m. for the appellant. The matter is of the year 2017. Sufficient opportunity is given. Therefore appeal is dismissed for non-prosecution. Sd/- (UMESH M ADIGA) JUDGE KGK /CT-AN List No.: 1 Sl No.: 8