- 1 - HC-KAR NC: 2025:KHC-D:9425 RSA No. 5305 of 2008 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR SECOND APPEAL NO. 5305 OF 2008 BETWEEN: 1. SHRI MARUTI MALLAPPA KAMU AGE: MAJOR, OCC. AGRICULTURE, R/O. RAJHANA GALLI, ANGOL, BELAGAVI. 2. SHRI MAHADEV MALLAPPA KAMU AGE: MAJOR, OCC. AGRICULTURE, R/O. RAJHANA GALLI, ANGOL, BELAGAVI. 3. SMT. MANJULA @ GEETA W/O. BALAKRISHNA KAMU AGE: MAJOR, OCC. HOUSEHOLD WORK, R/O. RAJHANA GALLI, ANGOL, BELAGAVI. 4. SHRI PRASHANT S/O. BALAKRISHNA KAMU AGE: MAJOR, R/O. RAJHANA GALLI, ANGOL, BELAGAVI. 5. KUMARI PRANALI D/O. BALAKRISHNA KAMU AGE: MAJOR, R/O. RAJHANA GALLI, ANGOL, BELAGAVI. 6. PRAVEEN S/O. BALAKRISHNA KAMU AGE: MINOR R/BY MOTHER RESPONDENT NO.3A R/O. RAJHANA GALLI, ANGOL, BELAGAVI. …APPELLANTS (BY SRI. DINESH M. KULKARNI, ADVOCATE) Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.01 15:03:47 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9425 RSA No. 5305 of 2008 AND: 1. SUDHABAI W/O. NAGESH KAMU SINCE DECEASED BY HER LEGAL HEIRS (AMENDED AS PER COURT ORDER 04.09.2013) 1A. PRAKASH NAGESH KAMU AGE: MAJOR, R/O. 561/A, RAGHUNATHPETH, ANGOL, BELAGAVI. 1B. KIRAN NAGESH KAMU AGE: MAJOR, R/O. 561/A, RAGHUNATHPETH, ANGOL, BELAGAVI. 1C. SMT. PRABHAVATI W/O. SHIVAJI PAWAR AGE: MAJOR, R/O. 561/A, RAGHUNATHPETH, ANGOL, BELAGAVI. …RESPONDENTS (BY SRI. S.R. SHINDE AND SRI. B.M. PATIL, ADVOCATE FOR R1(A TO C)) THIS RSA IS FILED UNDER SECTION 100 OF CPC., PRAYING TO, SET ASIDE THE JUDGMENT AND DECREE DATED 29TH AUGUST 2008 PASSED BY THE II ADDL. CIVIL JUDGE (SR.DN.) BELAGAVI IN R.A.NO.113/1999 AND CONFIRM JUDGMENT AND DECREE DATED 27TH FEBRUARY 1999 PASSED BY THE IV ADDL. CIVIL JUDGE (JR.DN) BELGAUM IN O.S.NO.162/1985. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:9425 RSA No. 5305 of 2008 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Learned counsel for appellants submits that appeal abates in respect of appellants No.1 and 2 as per order of this Court dated 20.08.2024 and other appellants i.e., appellants No.3 to 6 are not responding to prosecute this appeal. Hence, this appeal may be disposed off. 2. Submission of learned counsel for appellants is placed on record. 3. In view of submission of learned counsel for appellants, appeal is dismissed. 3. Send copy of this order along with TCR to the concerned Court. Sd/- (G BASAVARAJA) JUDGE ckk LIST NO.: 1 SL NO.: 69