- 1 - NC: 2025:KHC-D:2082 RSA No. 100789 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO. 100789 OF 2019 (SP-) BETWEEN: 1. SRI. LAXMIKANTH S/O. SHIVANAIK NAIK, SINCE DECEASED BY HIS LRS. 1A. SMT. SARITA W/O LAXMIKANT NAIK, AGE. 41 YEARS, OCC. HOUSEHOLD WORK AND AGRICULTURE, R/O. KHANAGAON VILLAGE- 591344, TAL. GOKAK, DIST. BELAGAVI. 1B. SHIVANAIK S/O LAXMIKANT NAIK, AGE. 11 YEARS, OCC. STUDENT, R/O. KHANAGAON VILLAGE- 591344, TAL. GOKAK, DIST. BELAGVI. SINCE MINOR REPRESENTED BY HIS NATURAL GUARDIAN MOTHER APPELLANT NO.1A- SMT. SARITA W/O LAXMIKANT NAIK. 1C. RANGANAIK S/O LAXMIKANT NAIK, AGE. 9 YEARS, OCC. STUDENT, R/O. KHANAGAON VILLAGE- 591344, TAL. GOKAK, DIST. BELAGVI. SINCE MINOR REPRESENTED BY HIS NATURAL GUARDIAN MOTHER APPELLANT NO.1A- SMT. SARITA W/O LAXMIKANT NAIK. V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.05 15:17:30 +0530 - 2 - NC: 2025:KHC-D:2082 RSA No. 100789 of 2019 2. SRI. SANTOSH S/O. SHIVANAIK NAIK, AGE: 40 YEARS, OCC: AGRICULTURE, R/O: KHANGAON, TQ: GOKAK -591344, DIST: BELAGAVI. 3. SMT. VIJAYALAXMI W/O. RAMCHANDRA NAIK @ PATIL, AGE: 52 YEARS, OCC: AGRICULTURE AND HOUSEHOLD WORK, R/O: SUNAGAR GALLI, TQ: GOKAK -591344, DIST: BELAGAVI. 4. SMT. JAYASHREE W/O. SHIVARAJ @ SHIVANAND PATIL, SINCE DEAD BY HER LRS. MANJUNATH S/O SHIVANAND PATIL, AGE: 21 YEARS, OCC: NIL, R/O. GHODAGERI -591107, TQ: HUKKERI, DIST: BELAGAVI. 5. AISHWARYA D/O. SHIVANAND PATIL, AGE: 18 YEARS, OCC: STUDENT, R/O. GHODAGERI -591107, TQ: HUKKERI, DIST: BELAGAVI. 6. RAHUL S/O. SHIVANAND PATIL, AGE: 16 YEARS, OCC: STUDENT, R/O. GHODAGERI -591107, TQ: HUKKERI, DIST:BELAGAVI. SINCE MINOR REPRESENTED BY HIS NATURAL ANOTHER AND GUARDIAN APPL NO. 4. 7. SMT. GEETA W/O. SHASHIKUMAR DESAI, AGE: 51 YEARS, OCC: HOUSEHOLD WORK, R/O. HOEHOSUR -591118, TQ: BIALHONGAL, DIST: BELAGAVI. - 3 - NC: 2025:KHC-D:2082 RSA No. 100789 of 2019 8. PRAKASH S/O. BABASAHEB DESAI, AGE: 64 YEARS, OCC: HOUSEHOLD WORK, R/O. SATTIGERI -591129, TQ: SOUNDATTI, DIST: BELAGAVI. 9. AJAY S/O. PRAKASH DESAI, AGE: 32 YEARS, OCC: AGRICULTURE, R/O. SATTIGERI -591129, TQ: SOUNDATTI, DIST: BELAGAVI. 10. SMT. SHWETHA W/O. JEETENDRA PATIL, AGE: 30 YEARS, OCC: HOUSEHOLD, R/O. YARAGATTI -591129, TQ: SOUNDATTI, DIST: BELAGAVI. 11. SMT. SOUMYA W/O. SHANKARAO DESAI, AGE: 24 YEARS, OCC: HOUSEHOLD, R/O. KANKANWADI -591222, TQ: RAIBAG, DIST: BELAGAVI. 12. SMT. PUSHPA W/O. ANIL DESAI, AGE: 47 YEARS, OCC: HOUSEHOLD, R/O. NIR-BUDIHAL, NOW AT YARAGATTI -591129, TQ: SOUNDATTI, DIST: BELAGAVI. 13. SMT. REKHA W/O. KRISHNARAO @ BABASAHEB DESAI, AGE: 38 YEARS, OCC: HOUSEHOLD, R/O. YARAGATTI -591129, TQ: SOUNDATTI, DIST: BELAGAVI. 14. SMT. SHANTALA W/O. ASHOK PATIL, AGE: 44 YEARS, OCC: AGRICULTURE AND HOUSEHOLD, R/O. SUNAGAR GALLI, GOKAK- 591307, TQ: GOKAK, DIST: BELAGAVI. …APPELLANTS (BY SMT. G.B. NAIK, ADVOCATE FOR A1(A) TO A1(C)) - 4 - NC: 2025:KHC-D:2082 RSA No. 100789 of 2019 AND: 1. SMT. GOURAVVA W/O. DODDAPPA BAGOJI, AGE: 75 YEARS, OCC: HOUSEHOLD, 2. SRI. KENCHAPPA S/O. DODDAPPA BAGOJI, AGE: 52 YEARS, OCC: AGRICULTURE, 3. SMT. DUNDAVVA W/O. SIDDAPPA B. PATIL, AGE: 59 YEARS, OCC: HOUSEHOLD, 4. SRI. ISHWAR S/O. DODDAPPA BAGOJI, AGE: 43 YEARS, OCC: AGRICULTURE, 5. SRI. RAMESH @ RAMAPPA S/O DODDAPPA BAGOJI, AGE: 34 YEARS, OCC: AGRICULTURE, RESPONDENT NO.1 TO 5 ALL ARE R/O. NABAPUR, TQ: GOKAK – 591307, DIST: BELAGAVI. …RESPONDENTS (BY SRI SHRIHARSH A. NEELOPANT, ADVOCATE FOR R1 TO R5) THIS RSA FILED U/SEC.100 OF CPC, 1908, IS PRAYING TO SET ASIDE THE JUDGMENT PASSED BY THE XII ADDL. DISTRICT AND SESSIONS JUDGE SITTING AT GOKAK DATED 20.07.2019 IN R.A. NO. 62/2015 CONFIRMING THE JUDGMENT AND DECREE PASSED BY THE I ADDL. SENIOR CIVIL JUDGE, GOKAK DATED 31.01.2015 IN OS NO. 23/1996, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - NC: 2025:KHC-D:2082 RSA No. 100789 of 2019 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE E.S.INDIRESH) 1. Heard the learned counsel appearing for the parties. 2. Learned counsel appearing for the respondents has filed I.A.No.1/2023 stating that pursuant to the judgment and decree passed by the Courts below, the sale deed dated 13.01.2023 has been executed in terms of the judgment passed by the Courts below. 3. In that view of the matter, I am of the opinion that no further orders are required to be passed in this appeal. 4. Accordingly, the appeal is dismissed. Sd/- (E.S.INDIRESH) JUDGE SH List No.: 1 Sl No.: 18