- 1 - HC-KAR NC: 2025:KHC-D:14178 RSA No. 5424 of 2009 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 23RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REGULAR SECOND APPEAL NO. 5424 OF 2009 BETWEEN: YELLAPPA CHENNAPPA BETAGERI AGED ABOUT 59 YEARS, OCC. BAILIFF, R/A. NAVALGUND, NOW AT HUBBALLI-580028. …APPELLANT (BY SRI. G.R. ANDANIMATH AND SRI. S.S. NIRANJAN, ADVOCATES) AND: SHANKAR MALLAPPA VIBHUTI AGED ABOUT 55 YEARS, OCC. HONORARY SECRETARY SHAMBHAVI GRIHA NIRMANA SAHAKARI SANGH NIYAMIT, HUBBALLI, C/O. BAGARPET, NEAR ALTAF KITTUR BUILDING, OLD HUBBALLI, HUBBALLI-580028. …RESPONDENT (BY SRI. P.L. SATHYMOORTHY AND SRI. S.J. KORI, ADVOCATE FOR C/R) THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 29.06.2009 ALLOWING R.A.NO.6/2008 PASSED BY THE LEARNED I ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD, SITTING AT HUBBALLI AND RESTORE THE JUDGMENT AND DECREE DATED 29.11.2007 DECREEING PARTLY O.S.NO.158/2004 PASSED BY THE LEARNED I ADDITIONAL CIVIL JUDGE (SENIOR DIVISION) HUBBALLI BY ALLOWING THIS APPEAL WITH COSTS THROUGHOUT. THIS APPEAL, COMING ON FOR ARGUMENTS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.10.24 14:16:49 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14178 RSA No. 5424 of 2009 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C M JOSHI) On a careful perusal of the records, it is evident that none had appeared for the appellant on 06.02.2024, 30.05.2024, 13.06.2024, 04.07.2024, 07.08.2024, 23.08.2024, 06.08.2025, 29.08.2025 and on 16.09.2025. Thus, it is evident that the appellants are not interested in prosecuting the appeal. So also, pursuant to the order dated 06.02.2024, the cost of Rs.2,000/- has not been paid. Hence, the appeal is dismissed for non-prosecution. SD/- (C M JOSHI) JUDGE RKM CT:PA LIST NO.: 1 SL NO.: 35