- 1 - RFA No. 100193 of 2014 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF MARCH, 2023 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE REGULAR FIRST APPEAL NO. 100193 OF 2014 (-) BETWEEN: 1. ASHOK SHRIMANDHAR PATIL, S/O SHRIMANDHAR, AGE: 59 YEARS, OCC: ADVOCATE. 2. ASHOK TATOBA KANGALE @ KANAGALE S/O TATOBA, AGED ABOUT 63 YEARS, OCC: BUSINESS. 3. RAJAGOUDA SATYAGOUDA BHABAGOUDA PATIL, S/O. BHABAGOUDA, AGED ABOUT 65 YEARS, OCC : BUSINESS. 4. SHRIPAL ANNAPPA KAMAGOUDA, S/O. ANNAPPA, AGED ABOUT 61 YEARS, OCC : BUSINESS. 5. SURENDRA TATYA KUMBHOJE, S/O. TATYA, AGE ABOUT 57 YEARS, OCC: BUSINESS. 6. APPASAHEB RAMACHANDRA MAHAJAN, S/O. RAMACHANDRA, AGE ABOUT 65 YEARS, OCC: AGRICULTURE. 7. APPASAHEB TAVANAPPA MAHAJAN S/O TAVANAPPA, AGE ABOUT 59 YEARS, OCC: BUSINESS. (DEAD) SAROJA HANGARAKI Digitally signed by SAROJA HANGARAKI Date: 2023.03.20 13:07:33 - 0700 - 2 - RFA No. 100193 of 2014 8. ANNASAB ADAGOUDA HUVANNAVAR @ PATIL, AGED ABOUT 65 YEARS, OCC : AGRICULTURE. (DEAD) 9. APPASAB BHARAMU GOURAJ, S/O. BHARAMU, AGED ABOUT 65 YEARS, OCC : AGRICULTURE. 10. APPU BALAPPA MUKARE, S/O. BALAPPA, AGED ABOUT 77 YEARS, OCC: AGRICULTURE. 11. DHARAMU B KALEMANI AGE: MAJOR, OCC : BUSINESS, (DEAD) ALL ARE R/O. KOTHALLI TALUK, CHIKODI DISTRICT, BELGAUM. …APPELLANTS (APPELLANTS NO.1 TO 6, 9 & 10 ARE ABSENT, A7, A8 & A11 ARE DECEASED) AND: 1. NEMINATH MALLAPPA ROTE, S/O. MALLAPPA, AGE: MAJOR, R/O : NEAR GOKUL HOTEL, SHAHAPURI STATION ROAD, KOLHAPUR, STATE: MAHARASTRA. 2. BABU RAO GANGARAM VANAKUDRE, S/O. GANGARAM, AGE : MAJOR, R/O : ADAT DUKAN SHAHAPURI, KOLHAPUR, STATE: MAHARASHTRA. 3. PRATIBA W/O BALAGOUDA PATIL, AGED 82 YEARS, - 3 - RFA No. 100193 of 2014 OCC : HOUSEHOLD WORK, R/O : BEDAKIHAL TALUK, CHIKODI, DIST: BELGAUM. 4. PRASHANT S/O BALAGOUDA PATIL, AGED ABOUT 59 YEARS, OCC : AGRICULTURE, 5. PRADYUMNA S/O BALAGOUDA PATIL, AGE: 57 YEARS, OCC : AGRICULTURE, RESPONDENT NO. 4 AND 5 ARE RESIDENTS OF BEDAKIHAL, CHIKODI TALUK, BELGAUM DISTRICT. 6. SUSHILA W/O DHANPAL KHOT, AGED ABOUT 77 YEARS, OCC : HOUSEHOLD WORK, 7. JIVENDRA DHANPAL KOT, S/O. DHANPAL, AGED ABOUT 59 YEARS, OCC: AGRICULTURE. 8. KIRAN DHANAPAL KHOT, S/O. DHANPAL, AGE: 52 YEARS, OCC: AGRICULTURE. RESPONDENT NO. 6, 7, AND 8 ARE R/O : SHAMANEWADI CHIKKODI TALUK, BELGAUM DIST. 9. KANCHAN W/O DEVENDRA KHOT, AGE: 82 YEARS, OCC : HOUSEHOLD WORK, R/O : KUPPANWAI, CHIKKODI TALUK, DISTRICT BELGAUM. 10. PAYAGOUDA DEVENDRA KHOT, S/O. DEVENDRA, AGED ABOUT 62 YEARS, OCC : AGRICULTURE, - 4 - RFA No. 100193 of 2014 R/O : KUPPANWADI, CHIKKODI TALUK, DISTRICT BELGAUM. 11. ANITHA D/O DEVENDRA KHOT, AGED:55 YEARS, R/O. KUPPANWADI, CHIKKODI TALUK, BELGAUM DISTRICT. 12. PASAGOUDA BALAGOUDOA PATIL, AGE:MAJOR, R/O : BEDAKIHAL, CHIKODI TALUK, BELGAUM DISTRICT. 13. CHOUGOUDA BALAGOUDA PATIL, S/O. BALAGOUDA, AGE: MAJOR, OCC:AGRICULTURE, R/O : SADALGA TALUK, CHIKKODI DISTRICT- BELGAUM. 14. ABHAYA KUMAR PURANDAR KHOT, S/O. PURANDAR, AGED ABOUT R/O SADALGA, CHIKKODI TALUK, DISTRICT BELGAUM. 15. KUMAR NIKHIL SURESH PATIL, S/O. NIKHIL, AGE MAJOR. 16. SURESH ADAGOUDA PATIL, S/O. ADAGOUDA, AGED: 55 YEARS, OCC: BUSINESS. 17. KUMARI KOUSHALYA SURESH PATIL, AGE: MAJOR, RESPONDENTS 13 TO 16 ARE R/O : INDIRANIVAS, UDAY COLONY NEMINATH NAGAR, DHAMANE ROAD, SANGLI, MAHARASTRA. - 5 - RFA No. 100193 of 2014 18. THE CHARITY COMMISSIONER, BELGAUM. …RESPONDENTS (BY SRI. M.M. PATIL, ADVOCATE FOR R3 TO R6, R8 TO R14, SRI. RAJASHEKHAR BURJI, ADVOCATE FOR R15 TO R17, NOTICE TO R1 IS SERVED, APPEAL AGAINST R2 & R7 IS ABATED, HCGP FOR R18) THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT & DECREE DATED:28.07.2014, PASSED IN OS.NO.1/1997 ON THE FILE OF THE V ADDITIONAL DISTRICT & SESSIONS, JUDGE, BELGAUM, DISMISSING THE SUIT FILED FOR REMOVAL OF TRUSTEES. THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, THE COURT PASSED THE FOLLOWING: ORDER Court notices were issued to the appellants and notices are served. There is no representation for the appellants. On 06.03.2023 also the appellants did not appear before the Court. Hence, the appeal is dismissed for non- prosecution. Sd/- JUDGE SH List No.: 1 Sl No.: 33