- 1 - HC-KAR NC: 2025:KHC-D:14592 RSA No. 5088 of 2009 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REGULAR SECOND APPEAL NO.5088 OF 2009 (INJ) BETWEEN: YANKAPPA S/O. BANDAPPA BAGALI, AGE: 28 YEARS, OCC. BAR BENDING WORK, R/O. T.P. NO.132, WARD NO. X, BAGALKOTE-587201. …APPELLANT (BY SRI. R.S. KADIBAGIL, ADVOCATE) AND: SIDDAPPA S/O. ALLAPPA VEERSHETTI, AGE: 47 YEARS, OCC. BUSINESS, R/O. BAGALKOTE-587201. …RESPONDENT (BY SRI. S.B. HEBBALLI, ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO CALL FOR THE ENTIRE RECORDS AND PROCEEDINGS AND TO SET ASIDE THE JUDGMENT & DECREE UNDER THE APPEAL PASSED BY THE LEARNED I ADDL. CIVIL JUDGE(SR.DN) COURT BAGALKOTE IN R.A.NO.14/2008 DATED 30/9/2008 AND ALLOW THE APPEAL AND DISMISS THE SUIT OF THE PLAINTIFF, PASSED BY THE ADDL. CIVIL JUDGE (JR.DN.) BAGALKOTE IN O.S.NO.13/2006 DATED 04.03.2008, IN THE INTEREST OF JUSTICE AND EQUITY AND FAIRPLAY WITH COSTS THROUGHOUT AND ETC. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY JUDGMENT WAS DELIVERED THEREIN AS UNDER: YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.10.30 11:09:20 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14592 RSA No. 5088 of 2009 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C M JOSHI) On perusal of the order sheet, it is found that there was no representation on behalf of the appellant on 17.09.2025 and 03.09.2025. On previous occasions also this Court made it clear that if there is no representation, adverse orders would be passed. The order dated 07.06.2024 and 26.06.2024 also depicts the same. In view of the same, the appeal is dismissed for non- prosecution. SD/- (C M JOSHI) JUDGE YAN CT:PA LIST NO.: 1 SL NO.: 44