- 1 - HC-KAR NC: 2025:KHC-D:9924-DB RFA No. 100517 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF AUGUST 2025 PRESENT THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR AND THE HON'BLE MR. JUSTICE C.M. POONACHA REGULAR FIRST APPEAL NO. 100517 OF 2019 (PAR/POS-) BETWEEN: 1. SHRI PAYAPA S/O. BALAPPA HANAMAGOUDA, AGE: 82 YEARS, OCC: AGRICULTURE, R/O: DHAMANE, TQ & DIST: BELAGAVI-590005. 2. SHRI VARDHAMAN S/O. PAYAPA HANAMAGOUDA, AGE: 48 YEARS, OCC: AGRICULTURE, R/O: DHAMANE, TQ & DIST: BELAGAVI-590005. …APPELLANTS (BOTH APPELLANTS ARE SERVED AND ABSENT) AND: 1. SMT. VIDYAVATI W/O. MAHAVEER YARNAL, AGE: 45 YEARS, OCC: HOUSEHOLD & AGRICULTURE, R/O: LOLSUR, TQ: GOKAK, DIST: BELAGAVI-591307. 2. SMT. SHEELA W/O. MAHAVEER BAGANNAVAR, AGE: 50 YEARS, OCC: HOUSEHOLD, R/O. 789/3, SHANTADURGA SOCIETY, KOLHAPUR-(MAHARASHTRA)-416004. …RESPONDENTS (BY SRI. P.G. NAIK, ADVOCATE FOR R1; NOTICE TO R2 IS SERVED) THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 OF CPC PRAYING TO CALL FOR THE RECORDS, ALLOW THIS APPEAL AND SET ASIDE THE JUDGMENT AND DECREE DATED 10.03.2015 PASSED BY THE III ADDITIONAL SENIOR CIVIL JUDGE, BELAGAVI IN O.S.NO.69/2013 IN THE INTEREST OF JUSTICE AND EQUITY. YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:9924-DB RFA No. 100517 of 2019 THIS APPEAL COMING ON FOR FURTHER ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR AND THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C.M. POONACHA) None appears for the appellants. 2. Learned counsel for the respondents present. 3. This Court vide order dated 16.01.2023 noticed that Court notice had been issued to the appellants and the appeal was ordered to be re-listed on 07.02.2023. 4. On 07.02.2023, the appellant No.2 was present before the Court and the matter was adjourned to enable the appellants to engage a counsel. 5. Till date, the appellants have not engaged any counsel. The appellants are not present. In view of the aforementioned, the above appeal is dismissed reserving liberty in favour of the appellants to seek recall of this order or revival of the appeal, if so desired. - 3 - HC-KAR NC: 2025:KHC-D:9924-DB RFA No. 100517 of 2019 6. In view of the disposal of the appeal, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. Sd/- (S.R. KRISHNA KUMAR) JUDGE Sd/- (C.M. POONACHA) JUDGE YAN CT-MCK List No.: 1 Sl No.: 4