- 1 - HC-KAR NC: 2025:KHC-D:10281 RSA No. 5447 of 2009 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR SECOND APPEAL NO. 5447 OF 2009 (DEC) BETWEEN: 1. SRI. GANGADHARAYYA SHIDDAYYA ADAVIMATH AGE: MAJOR, OCC: BUSINESS R/O. MANGALWAR PETH, HUBBALLI, DIST. DHARWAD, REPRESENTED BY GPA HOLDER SANGANBASAPPA SHIVASANGAPPA SANGAMASHETTA @ BELLAD. 2. SMT. SHAKUNTALA D/O. SADASHIVAYYA HOLALAD AGE: MAJOR, OCC: TEACHER, R/O. HARIPUR, TQ: SHIRAHATTI. 3. JAYASHANKARAYYA S/O. PUTTAYYA HIREMATH SINCE DECEASED BY LRS 3A) RENUKASWAMI JAUSHANKARAYYA HIREMATH, AGE: MAJOR, OCC: PUJARI, R/O HARIPUR, TQ: SHIRAHATTI, DIST. GADAG. …APPELLANTS (BY SRI. SUNIL S. DESAI, ADVOCATE) AND: 1. SMT. DRAKSHAYANAVVA W/O. KPTRAYYA SAVANURMATH AGE: MAJOR, OCC: HOUSEHOLD, R/O. SHIRAHATTI, TQ. SHIRATTI, DIST. GADAG. 2. SMT. BHUVANESHWAR ADVEYYA PILAGIMATH AGE: MAJOR, OCC: TEACHER R/O. HIREGUNJAL, TQ: KUNDAGOL, THROUGH HER PA HOLDER SRI. VEERUPAXAPPA VEERAPPA ANGADI Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.16 10:23:40 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10281 RSA No. 5447 of 2009 AGE: MAJOR, LAXMESHWAR TQ: SHIRAHATTI. 3. 3A) MAHANTAPPA ANDANAPPA WADDATI SINCE DEAD BY LRS SMT. ANNAPURNAWWA MAHANTAPPA WADDATTI AGE: MAJOR, R/O. ANNIGERI, TQ: NAVALGUND, DIST. GADAG. 4. SRI ANDANAPPA MAHANTAPPA WADDATTI AGE: MAJOR, OCC: AGRICULTURE R/O. ANNIGERI, TQ: NAVALGUND, DIST. GADAG. 5. SMT. SAVITRI SHRIYALSHETTI ULLAGADDI AGE: MAJOR, OCC: HOUSEHOLD WORK R/O. ANNIGERI, TQ: NAVALGUND, DIST. GADAG. …RESPONDENTS (BY SRI. V.G. BHAT, ADVOCATE FOR R1; NOTICE SERVED TO R3(A) AND R4; R6-DELETED; R2-DECEASED) THIS RSA IS FILED U/S. 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED: 13/7/2009 IN R.A.NO.11/2003 ON THE FILE OF THE DISTRICT & SESSIONS JUDGE, GADAG, DISMISSING THE APPEAL AGAINST JUDGMENT AND DECREE DATED:21/3/2003 IN O.S.NO.108/1997 PASSED BY THE ADDL. CIVIL JUDGE (SD), GADAG, PARTLY DECREEING THE SUIT FILED FOR DECLARATION AS ABSOLUTE OWNER OF SUIT PROPERTY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:10281 RSA No. 5447 of 2009 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Case called out in open Court. No representation on behalf of the appellants. Learned counsel for respondent No.1 appeared through video conferencing. The plaintiff, Drakshayanavva W/o Kotrayya Savanurmath, filed O.S.No.108/1997 seeking declaration and possession, and the suit came to be decreed in part. Being aggrieved by the judgment and decree, Gangaharayya Shiddayya Adavimath and others have preferred this appeal. Despite sufficient opportunity having been provided, the appellants have not taken steps to bring on record the legal representatives of deceased respondent No.2, though, appeal against respondent No.2 stood abated on 12.08.2024. Even today, no such steps have been taken. - 4 - HC-KAR NC: 2025:KHC-D:10281 RSA No. 5447 of 2009 In the absence of bringing legal representatives of respondent No.2, the appeal is not maintainable. Hence, the appeal is dismissed for default and also not taking steps to bring the legal representatives of deceased respondent No.2. Sd/- (G BASAVARAJA) JUDGE AC CT-CMU LIST NO.: 1 SL NO.: 1