- 1 - NC: 2025:KHC-D:3033 RSA No. 100738 of 2015 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO. 100738 OF 2015 (PAR-) BETWEEN: 1. SHRI.HANAMANT NINGAPPA PATIL SINCE DECEASED BY HIS LRS. SHRI. BHARAMANI S/O. HANAMANT PATIL, AGE: 71 YEARS, OCC: AGRICULTURE, R/O. MUTAGA-591 124 TALUK AND DIST:BELAGAVI. 2. SHRI. BASAVANT HANAMANT PATIL SINCE DECEASED BY HIS LRS SMT. RANJANA W/O. BASAVANT PATIL AGE: 59 YEARS, OCC:AGRICULTURE, R/O. MUTAGA-591 124 TALUK AND DIST:BELAGAVI. 3. SHRI. RANJEET S/O. BASAVANT PATIL, AGE: 39 YEARS, OCC:AGRICULTURE, R/O. MUTAGA-591 124 TALUK AND DIST:BELAGAVI. 4. SHRI. SHRIKANT S/O. HANAMANT PATIL, AGE: 55 YEARS, OCC: AGRICULTURE, R/O. MUTAGA-591 124. TALUK AND DIST:BELAGAVI. 5. SHRI. NINGAPPA S/O. HANAMANT PATIL, AGE: 47 YEARS, OCC:AGRICULTURE, R/O. MUTAGA - 591 124 TALUK AND DIST:BELAGAVI. 6. SHRI. YALLAPPA S/O. HANAMANT PATIL, AGE: 47 YEARS, OCC: AGRICULTURE, R/O. MUTAGA - 591 124. TALUK AND DIST:BELAGAVI. Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:3033 RSA No. 100738 of 2015 7. SMT. GOURA W/O. MONAPPA PATIL, AGE: 51 YEARS, OCC: AGRICULTURE, R/O. MUTAGA-591 124 TALUK AND DIST:BELAGAVI. 8. SMT GANGU W/O. BHANDU PATIL, AGE: 51 YEARS, OCC: AGRICULTURE, R/O. MUTAGA - 591 124 TALUK AND DIST:BELAGAVI. SMT. MALLAWA W/O. HANAMANT PATIL DIED ON 27.12.2013. THE APPELLANTS 1 TO 8 ARE HER LRS. …APPELLANTS (BY SRI. MRUTYUNJAY TATA BANGI, ADVOCATE) AND: 1. SMT.SINDHUTAI W/O. SHRIDHAR KULKARNI, AGE:83 YEARS, OCC:HOUSEHOLD AND AGRICULTURE, R/O.43/24, MAHADWAR ROAD, BELAGAVI-590001. SINCE DECEASED REP. BY LRS ON RECORD AS RESPONDENT NO. 8 & 9 2. SMT GODUBAI W/O. KRISHNAJI KULKARNI, AGE: 95 YEARS, OCC: HOUSEHOLD, R/O. BHAT CHAWL, GONDHALI LANE BELAGAVI-590001. SINCE DECEASED REP. BY LRS ON RECORD AS RESPONDENT NO. 4 & 9 3. SHRI. BALAMUKUND S/O. KRISHNAJI KULKARNI, AGE: 70 YEARS, OCC:HOUSEHOLD, NOW R/O. BHAT CHAWL, GOUNDHALI LANE, TALUK AND DIST:BELAGAVI. SINCE DECEASED REP. BY LRS ON RECORD AS RESPONDENT NO. 4 & 9 SMT.SUNANDA W/O. PURUSHOTTAM INAMDAR SINCE DECEASED BY HIS LRS - 3 - NC: 2025:KHC-D:3033 RSA No. 100738 of 2015 4. SMT.SANDHYA W/O. VITHALRAO WALVEKAR, AGE:40 YEARS, OCC:HOUSEHOLD, R/O. C/O. VITHALRAO WALVEKAR F.D.C. WORKING IN HIGH COURT OF KARNATAKA, PRINCIPAL BENCH, BENGALURU-560001. 5. SHRI. SANTOSH PURUSHOTTAM INAMDAR, AGE: 48 YEARS, OCC: SERVICE, R/O. RAGHUNATH PETH, 2ND CROSS, OPP: TO RAJASHREE BEKARY, ANGOL, BELAGAVI-590007. 6. SHRI. DHANANJAYA PURUSHOTTAM INAMDAR, AGE:45 YEARS, OCC:SERVICE, R/O. RAGHUNATH PETH, 2ND CROSS OPP: TO RAJASHREE BEKARY, ANGOL, BELAGAVI-590007. 7. SMT. SAVITA W/O. VINAYAKRAO KULKARNI, AGE:43 YEARS, OCC:HOUSEHOLD, R/O RAGHUNATH PETH, 2ND CROSS OPP: TO RAJASHREE BEKARY, ANGOL, BELAGAVI-590007. 8. SMT. APARNA W/O. ANANT KULKARNI, AGE:60 YEARS, OCC:HOUSEHOLD, R/O. MAHADWAR ROAD, BELAGAVI-590001. 9. SHRI. JAYATHITHA ANANT KULKARNI, AGE:35 YEARS, OCC: BUSINESS, R/O. MAHADWAR ROAD, BELAGAVI-590001. 10. SMT. MADHURI W/O. MANDARRAO PUNEKAR, AGE:60 YEARS, OCC: HOUSEHOLD, R/O VINAYAK PRASAD, TILAK ROAD, SADASHIV NAGAR, PUNE-4110030. …RESPONDENTS (R1-R3 DECEASED; R4, R6, R8, R9 & R10 – SERVED HLED SUFFICIENT; R5 & R7 SERVED AND UNREPRESENTED) - 4 - NC: 2025:KHC-D:3033 RSA No. 100738 of 2015 THIS RSA IS FILED UNDER SECTION 100 R/W ORDER XLII RULE 1 CPC., 1908 RPAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 29.06.2015 PASSED BY THE IX ADDITIONAL DISTRICT & SESSIONS JUDGE, BELAGAVI IN R.A.NO.832/2009 AND SET ASIDE THE JUDGMENT AND DECREE DATED 18.09.2002 PASSED BY THE III ADDITIONAL CIVIL JUDGE JR.DN., BELGAUM IN O.S.NO748/1997 AND ALLOW THIS APPEAL WITH COSTS THROUGHOUT BY DISMISSING THE SUIT IN O.S.NO.748/1997 ON THE FILE OF III ADDITIONAL CIVIL JUDGE, BELGAUM. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL JUDGMENT Learned counsel appearing for the appellants has filed a memo for withdrawal of the appeal stating that the appellants are not interested to prosecute the appeal. Accepting the memo, the appeal is disposed of accordingly. Sd/- (E.S.INDIRESH) JUDGE SH CT:ANB List No.: 1 Sl No.: 38