1 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD DATED THIS 22TH DAY OF JANUARY, 2025 BEFORE HON'BLE MR. JUSTICE E.S. INDIRESH RSA NO. 100457 OF 2024 BETWEEN : 1. SHRI. HANAMANT S/O. IRAPPA NAIK, AGED ABOUT 57 YEARS, OCC: AGRICULTURE. 2. SHRI. MURIGEPPA S/O. IRAPPA NAIK, AGED ABOUT 54 YEARS, OCC:AGRICULTURE. 3. SHRI. CHANDRASHEKHAR S/O. IRAPPA NAIK, AGED ABOUT 52 YEARS, OCC: AGRICULTURE. 4. SHRI. SURESH S/O. IRAPPA NAIK, AGED ABOUT 50 YEARS, OCC: AGRICULTURE. SHRI. SUBHASH S/O. IRAPPA NAIK, SINCE DECEASED BY HIS LR’S. 5. SARASWATI W/O. SUBHASH NAIK AGE ABOUT 25 YEARS, OCC: HOUSE HOLD WORK, 6. SHARAT SUBHASH NAIK AGE ABOUT 7 YEARS, OCC: STUDENT, 7. SANJEEV SUBHASH NAIK AGE ABOUT 5 YEARS, OCC: STUDENT, R/O. MAJORE ADAHALATTI, MOUJE ADAHALLI, TQ. ATHANI, DIST. BELAGAVI, 2 8. SMT. YAMANAWWA W/O. IRAPPA NAIK, AGED ABOUT 77 YEARS, OCC: HOUSEHOLD WORK AND AGRICULTURE. ALL ARE R/O. MAJARE ADAHALATTI, MOUJE ADAHALLI, TALUKA: ATHANI, DISTRICT: BELAGAVI. 591304 ... APPELLANTS (BY SRI. : RAMACHANDRA. A. MALI, ADV. FOR APPELLANTS) AND 1. SHRI. SURESH S/O. MUTTAPPA BERAD @ MAHISHWADAGI, AGED ABOUT 57 YEARS, OCC: AGRICULTURE, R/O. MAJARE ADAHALATTI,MOUJE ADAHALLI, TALUKA: ATHANI, DISTRICT: BELAGAVI. 591304. 2. SHRI. BASAPPA S/O. SURESH BERAD @ MAHISHWADAGI, AGED ABOUT 44 YEARS, OCC: AGRICULTURE, R/O. MAJARE ADAHALATTI, MOUJE ADAHALLI, TALUKA: ATHANI, DISTRICT: BELAGAVI.591304. 3. SMT. SAVITA W/O. MALLIKARJUN GALATAGI, AGED ABOUT 33 YEARS, OCC: HOUSEHOLD WORK, R/O. RADDERAHATTI, TALUKA: ATHANI, DISTRICT: BELAGAVI. 591204 4. SMT. SIDDAWWA W/O. LAXMAN ADAHALLATTI, AGED ABOUT 54 YEARS, OCC: HOUSEHOLD WORK, R/O. BANADGINI, TALUKA: JAMAKHANDI. DIST. BAGALKOT. 584301. 5. SMT. HIRABAI W/O. BASAPPA GALATAGI, AGED ABOUT 52 YEARS, OCC: HOUSEHOLD WORK, R/O. RADDERAHATTI, TALUKA: ATHANI, DISTRICT: BELAGAVI. 591204. 3 SRI. PEERAPPA S/O. MUTTAPPA BERAD @ MAHISHWADAGI. SINCE DECEASED BY HIS L.RS. 6. SMT. MALAWWA W/O. PEERAPPA BERAD @ MAHISHWADAGI, AGED ABOUT 55 YEARS, OCC: HOUSEHOLD WORK, R/O. ADAHALATTI, MOUJE, ADAHALLI, TALUKA: ATHANI, DISTRICT: BELAGAVI.591304. 7. SHRI. SADASHIV S/O. PEERAPPA BERAD @ MAHISHWADAGI, AGED ABOUT 33 YEARS, OCC: PRIVATE SERVICE, R/O. NANDINI, TALUKA: SHIROL, DISTRICT: KOLHAPUR. 416102 8.SHRI. BASAPPA S/O. PEERAPPA BERAD @ MAHISHWADAGI, AGED ABOUT 30 YEARS, OCC: PRIVATE SERVICE, R/O. NANDINI, TALUKA: SHIROL, DISTRICT: KOLHAPUR. 416102. SHRI. BASAPPA S/O. BHIMAPPA NAIK. SINCE DECEASED BY HIS L.RS. 9. SHRI. MUKUND S/O. BASAPPA NAIK, AGED ABOUT 43 YEARS, OCC: AGRICULTURE AND PRIVATE SERVICE, R/O. TAKKUDAGI, TALUKA: SHIROL, DISTRICT: KOLHAPUR.416102. 10. SHRI. GOPAL S/O. BASAPPA NAIK, AGED ABOUT 41 YEARS, OCC: DRIVER, R/O. TAKKUDAGI, TALUKA: SHIROL, DISTRICT: KOLHAPUR.416102. 11. SHRI. SHRIDHAR S/O. BASAPPA NAIK, AGED ABOUT 38 YEARS, OCC: COOLIE, R/O. TAKKUDAGI, TALUKA: SHIROL, DISTRICT: KOLHAPUR.416102. 12. SMT. MAHADEVI D/O. BASAPPA NAIK, AGED ABOUT 35 YEARS, OCC: HOUSEHOLD WORK, R/O. YALIHADALAGI, TALUKA: ATHANI, DISTRICT: BELAGAVI.519304. ...RESPONDENTS 4 RSA FILED UNDER SECTION 100 OF CPC, PRAYING TO I. CALL FOR THE RECORDS IN O.S.NO.393/2012 ON THE FILE OF III ADDITIONAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, ATHANI AND ALSO THE RECORDS IN R.A.NO.64/2021 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS,ATHANI . II. SET ASIDE THE JUDGMENT AND DECREE DATED 14.02.2024 MADE IN R.A.NO.64/2021 PASSED BY THE ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, ATHANI THEREBY CONFIRMING THE JUDGMENT AND DECREE DATED 09.04.2021 MADE IN O.S.NO.393/2012 PASSED BY THE III ADDITIONAL CIVIL JUDGE AND JJUDICIAL MAGISTRATE FIRST CLASS, ATHANI IN SO FAR AS THE SAME RELATE TO REJECTING/DISMISSING THE SUIT OF THE APPELLANT FOR THE RELIEF OF DECLARATION AND PERMANENT INJUNCTION AS THE SAME BEING ERRONEOUS AND NOT SUSTAINABLE IN LAW AND CONSEQUENTLY ALLOW/DECREE THE SUIT IN O.S.NO.393/2012 ON THE FILE OF III ADDITIONAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS,, ATHANI. PRAYED FOR THEREIN IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING; O R D E R Learned counsel appearing for the appellant seeks two weeks’ time to remove the office objections failing which, the appeal shall be dismissed without reference to the Bench. SD/- JUDGE 5 Note : - As per endorsement made in the order sheet dated 25.02.2025. Counsel for the appellants has not complied with the office objections at Sl. No. 2, 3, 9, 17 and 18. Hence, this RSA No. 100457/2024 dismissed without reference to the Bench as per the Court Order dated 22.01.2025. BY ORDER OF THE COURT SD/- ASSISTANT REGISTRAR. R- By : -rv C- By : -rv T- By : - ran