- 1 - HC-KAR NC: 2025:KHC-D:11086 RSA No. 5469 of 2010 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR SECOND APPEAL NO. 5469 OF 2010 (DEC) BETWEEN: 1. SRI. MULLA RAHIM ABDUL KAREEM AGED: MAJOR, R/O: CHURCH ROAD, LAXMESHWAR, ANKOLA. 2. KAREEM MULLA ADBUL KAREEM KHAN, AGE: MAJOR, OCC: TRUCK DRIVER, R/O: HOUSE NO.1382, SIRSI, MUSLIM GALLI, SIRSI, …APPELLANTS (BY SRI. R.H. ANGADI, ADVOCATE) AND: 1. SMT. MEGGI JOHN FERNANDES AGED ABOUT 63 YEARS, OCC: HOUSEHOLD WORK, TALUK: HALIYAL REPRESENTED BY HER G.P.A. HOLDER, SRI ROBBER CYRIL RUZARIO-581329. 2. SRI. ROBERT CYRIL RUZARIO AGED ABOUT 61 YEARS, OCC: SERVICE, P AND T DEPARTMENT, POST: HALIYAL, TALUK: HALIYAL -581329. 3. SMT. ALESANV KAJMER RUZARIO AGED ABOUT 67 YEARS, OCC: RETIRED R/O: VIKHROLI, X-65/3, GODREJ QUARTERS, STATION ROAD, VIKROLI (EAST) MUMBAI-400079. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.09.04 12:47:07 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11086 RSA No. 5469 of 2010 4. SMT. PETER CYRIL RUZARIO SINCE DECEASED BY HIS LRS 4(A) SOBIN W/O. PEETER RUZARIO, AGE: 47 YEARS, R/O: OLD DANDELI, TALUK: HALIYAL-581325. 4(B) XAVIER PEETER RUZARIO AGED ABOUT 30 YEARS, R/O: OLD DANDELI, TALUK: HALIYAL-581325. 4(C) VALVIN S/O. PETER RUZARIO AGED ABOUT 26 YEARS, R/O: OLD DANDELI, TALUK: HALIYAL-581325. 4(D) SONITA D/O. PETER RUZARIO AGED ABOUT 24 YEARS, R/O: OLD DANDELI, TALUK: HALIYAL-581325. 4(E) HENDRY S/O. PEETER RUZARIO, AGED ABOUT 23 YEARS, R/O: OLD DANDELI, TALUK: HALIYAL-581325. 5. MININ CYRIL RUZARIO AGED ABOUT 56 YEARS, R/O: LAXMESHWAR, NEAR R.C. CHURCH, ANKOLA, TALUK. ANKOLA 581314. 6. LECONILLA W/O. ALIK RUZARIO AGED 66 YEARS, OCC: HOUSEHOLD WORK, R/O: SIGGHAR, ROOM NO.8, FIRST FLOOR, MANIKPUR, NEAR MARY VILLA, BUS STOP, TALUK: VASAI, DIST: THANA, MUMBAI-400076. 7. SINTHYA D/O. ALIK RUZARIO, AGED: 42 YEARS, R/O: SISGHAR, ROOM NO.8, FIRST FLOOR, MANIKPUR, - 3 - HC-KAR NC: 2025:KHC-D:11086 RSA No. 5469 of 2010 NEAR MARY VILLA, BUS STOP, TALUK: VASAI, DIST: THANA, MUMBAI-400076. 8. CENDRELA D/O. ALIK RUZARIO, AGED 33 YEARS, R/O: SISGHAR, ROOM NO.8, FIRST FLOOR, MANIKPUR, NEAR MARY VILLA, BUS STOP, TALUK: VASAI, DIST: THANA, MUMBAI-400076. …RESPONDENT (BY SRI. RAVI G. SABHAHIT, ADVOCATE AND SRI. V.B. HORATTI, ADVOCATE FOR C/R2; SRI. VISHWANATH HEGDE, ADVOCATE FOR R4(A); NOTICE TO R1, R4(B), R4(C), R4(D), R4(E), R6, R7 AND R8 SERVED; V/O. DATED 20.01.2016 APPEAL AGAINST R3 AND R5 STAND DISMISSED) THIS RSA IS FILED UNDER SECTION 100 OF CPC., PRAYING TO CALL FOR RECORDS ON THE FILE OF THE COURT OF CIVIL JUDGE(SR.DN.) KUMTA, AND ON PERUSAL OF THE SAME MAY SET ASIDE THE JUDGMENT AND DECREE DATED 20.03.2010 IN REGULAR APPEAL NO.343/2006 THEREBY RESTORING THE JUDGMENT AND DECREE PASSED BY THE COURT OF CIVIL JUDGE (JR.DN.) ANKOLA IN O.S.NO.28/1995 IN ITS JUDGMENT AND DECREE DATED 30.08.2002, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:11086 RSA No. 5469 of 2010 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) On 14th October, 2015, this Court has passed the order that if steps are not taken against deceased respondent No.5, the appeal shall stand abated as against deceased respondent No.5 without reference to Court. Till this date, even after lapse of nearly ten years, the appellants have not taken steps to bring the legal representatives of deceased respondent No.5. In the absence of legal representatives of deceased respondent No.5, the appeal is not maintainable. Accordingly, appeal is dismissed. Sd/- (G BASAVARAJA) JUDGE lnn CT-CMU LIST NO.: 1 SL NO.: 70