- 1 - HC-KAR NC: 2025:KHC-D:14673 RSA No. 100223 of 2014 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REGULAR SECOND APPEAL NO. 100223 OF 2014 (INJ) BETWEEN: 1. SRI. GOVIND VENKU GAVADA @ PATIL SINCE DECEASED BY HIS LRS, SRI. RAJARAM GOVIND GAVADA @ PATIL AGE: 61 YEARS, OCC. AGRICULTURE, R/O. TORALI-591302, TQ. KHANAPUR, DIST. BELAGAVI. 2. SMT. TULASA W/O. SHIVAJI GAVASEKAR, AGE: 56 YEARS, OCC. HOUSEHOLD, R/O. GAVASE-591302, TQ. KHANAPUR, DIST. BELAGAVI. 3. SRI. RAGHOBA VENKU GAVADA @ PATIL SINCE DECEASED BY HIS LRS. SMT. LAXMI W/O. RAGHOBA GAVADA, AGE: 66 YEARS, OCC. AGRICULTURE, R/O. TORALI-591302, TQ. KHANAPUR, DIST. BELAGAVI. 4. SMT. YAMUNA W/O. BHUJANG GURAV, AGE: 49 YEARS, OCC. AGRICULTURE, R/O. GOLIHALLI-591302, TQ. KHANAPUR, DIST. BELAGAVI. 5. SMT. SUSHMA W/O. SHANKAR KOLIKAR, AGE: 46 YEARS, OCC. AGRICULTURE, R/O. KANAKUMBI-590014, TQ. KHANAPUR, DIST. BELAGAVI. 6. SRI. SAHADEV RAGHOBA GAVADA AGE: 41 YEARS, OCC. AGRICULTURE, R/O. TORALI-591302, TQ. KHANAPUR, DIST. BELAGAVI. YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.10.31 15:12:49 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14673 RSA No. 100223 of 2014 7. SRI. DYANESHWAR RAGHOBA GAVADA AGE: 38 YEARS, OCC. AGRICULTURE, R/O. TORALI-591302, TQ. KHANAPUR, DIST. BELAGAVI. 8. SRI. SANJAY RAGHOBA GAVADA AGE: 37 YEARS, OCC. AGRICULTURE, R/O. TORALI-591302, TQ. KHANAPUR, DIST. BELAGAVI. …APPELLANTS (BY SRI. ANAND ASHTEKAR, ADVOCATE) AND: 1. SRI. SHANKAR RAVALU PATIL AGE: 55 YEARS, OCC. AGRICULTURE, R/O. TORALI-591302, TQ. KHANAPUR, DIST. BELAGAVI. 2. SRI. ISHWAR RAVALU PATIL @ GAVADA AGE: 50 YEARS, OCC. AGRICULTURE, R/O. TORALI-591302, TQ. KHANAPUR, DIST. BELAGAVI. 3. SRI. BABU NARAYAN GAVADA @ PATIL AGE: 60 YEARS, OCC. AGRICULTURE, R/O. TORALI-591302, TQ. KHANAPUR, DIST. BELAGAVI. 4. SRI. MAHTRU NARAYAN GAVADA @ PATIL AGE: 57 YEARS, OCC. AGRICULTURE, R/O. TORALI-591302, TQ. KHANAPUR, DIST. BELAGAVI. …RESPONDENTS ( R1, R2 AND R4-NOTICE SERVED; SRI. BABA NARAYAN GOWDA @ PATIL, ADVOCATE FOR R3 THIS RSA IS FILED UNDER SECTION 100 R/W. ORDER 41 RULE 1 OF CPC, 1908, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 17.01.2014 PASSED BY THE III ADDITIONAL SENIOR CIVIL JUDGE AND ADDL. MACT BELAGAVI IN R.A.NO.211/2013. SET ASIDE THE JUDGMENT AND DECREE DATED 13.09.1993 PASSED BY THE MUNSIFF KHANAPUR IN O.S.NO.31/1986 AND ALLOW THIS APPEAL WITH COSTS THROUGHOUT BY DISMISSING THE SUIT IN O.S.NO.31/1986 ON THE FILE OF THE CIVIL JUDGE AND JMFC (MUNSIFF) KHANAPUR AND ETC. - 3 - HC-KAR NC: 2025:KHC-D:14673 RSA No. 100223 of 2014 THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C M JOSHI) None appeared for the appellants. On the last date of hearing, this Court has passed the following order: “None appears for the appellants. On 30.05.2023 it was submitted before this Court that the matter has been settled among the parties and the settlement would be reported to the Court. Thereafter, there was no representation on 12.06.2023. In the interest of justice, list the matter on 30.10.2025. It is made clear that if there is no representation on the next date of hearing, the appeal would be dismissed for non-prosecution.” In view of the above, the appeal is dismissed for non-prosecution. SD/- (C M JOSHI) JUDGE RKM Ct:pa LIST NO.: 1 SL NO.: 9