- 1 - HC-KAR NC: 2025:KHC-D:14948 RSA No. 5113 of 2011 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REGULAR SECOND APPEAL NO. 5113 OF 2011 (DEC) BETWEEN: 1. SMT. REHAMATBI W/O. DASTGIRSAB YELIGAR, AGE: 66 YEARS, OCC. AGRICULTURE AND HOUSEHOLD, R/O. SAVADI-591260, TQ. ATHANI, DIST. BELAGAVI. 2. SMT. MEHABOOBI W/O. SAYYADSAB SAYYAD, AGE: 49 YEARS, OCC. AGRICULTURE AND HOUSEHOLD, R/O. SAVADI-591260. NOW R/AT. KAGWAD-591223, TQ. ATHANI, DIST. BELAGAVI. …APPELLANTS (BY SRI. S.P. PATIL, ADVOCATE) AND: 1. SHRI MOULA S/O. MOHAMMADSAB YELIGAR, SINCE DECEASED BY HIS LRS, SMT. JAITUNBI W/O. MOULA YELIGAR, AGE: 74 YEARS, OCC. HOUSEHOLD, R/O. SAVADI-591260, NOW R/AT JANATA HOUSE, KOLHAPUR ROAD, JAISINGPUR-416101, TQ. SHIROL, DIST. KOLHAPUR, MAHARASHTRA STATE. 2. SMT. CHANDAMA D/O. MOULA YELIGAR, AGE: 55 YEARS, OCC: HOUSEHOLD, YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.11.04 10:19:30 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14948 RSA No. 5113 of 2011 R/O. SAVADI-591260, NOW R/AT JANATA HOUSE, KOLHAPUR ROAD, JAISINGPUR-416101, TQ. SHIROL, DIST. KOLHAPUR, MAHARASHTRA STATE. 3. SHRI. BADASHASAHEB @ MOHAMMADSAHEB MOULA, AGE: 51 YEARS, OCC: NIL, R/O. SAVADI-591260, NOW R/AT JANATA HOUSE, KOLHAPUR ROAD, JAISINGPUR-416101, TQ. SHIROL, DIST. KOLHAPUR, MAHARASHTRA STATE. 4. SHRI PARAGOUDA PARASGOUDA PATIL, SINCE DECEASED BY HIS LRS, SMT. GOURAWWA W/O. PARAGOUDA PATIL, AGE: 78 YEARS, OCC. HOUSEHOLD, R/O. SAVADI-591260, TQ. ATHANI, DIST. BELAGAVI. 5. SHRI SADASHIV S/O. PARAGOUDA PATIL, AGE: 54 YEARS, OCC: AGRICULTURE, R/O SAVADI-591260, TQ. ATHANI, DIST. BELAGAVI. …RESPONDENTS (R1 TO R4- NOTICE SERVED; R5-HELD SUFFICIENT) THIS RSA IS FILED UNDER SECTION 100 R/W ORDER XLII RULE 1 OF CPC., PRAYING TO SET ASIDE THE JUDGMENT & DECREE DATED 10.03.2010 PASSED BY THE FAST TRACK COURT ATHANI IN R.A.NO.32/1997 AND SET ASIDE THE JUDGMENT AND DECREE DATED 15.02.1997 PASSED BY THE ADDITIONAL MUNSIFF AND JMFC ATHANI IN O.S.NO.341/1989 AND ALLOW THIS APPEAL WITH COSTS THROUGHOUT BY DECREEING THE SUIT OF THE APPELLANTS IN O.S.NO.341/1989 ON THE FILE OF THE ADDITIONAL MUNSIFF AND JMFC ATHANI AND ETC. THIS APPEAL, COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:14948 RSA No. 5113 of 2011 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C M JOSHI) It is seen from the records that there was no representation on previous two occasions also. Time was granted as a last chance. Hence, the appeal is dismissed for non- prosecution. SD/- (C M JOSHI) JUDGE SSP CT:PA LIST NO.: 1 SL NO.: 50