- 1 - HC-KAR NC: 2025:KHC-D:7306 RSA No. 100888 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL REGULAR SECOND APPEAL NO.100888 OF 2018 (INJ) BETWEEN: 1. SRI. NAGAPPA S/O. SHIVAPPA BUKITGAR, SINCE DECEASED BY HIS LRS. 1A. SMT. DANAMMA W/O. NAGAPPA BUKITGAR, AGE:57 YEARS, OCC: HOUSEHOLD WORK, R/O: PLOT NO.1342/A, MAIN ROAD, ATHANI, TAL: ATHANI, DIST: BELAGAVI – 591 304. 1B. SMT. SUREKHA W/O. BRAHMANAND PATIL, D/O. NAGAPPA BUKTIGAR, AGE:54 YEARS, OCC: HOUSEHOLD WORK, R/O: H.NO.260/52, GURU KRUPA ADARSH NAGAR, GOKAK ROAD, HUKKERI, TAL: HUKKERI, DIST: BELAGAVI – 591 609. 1C. SMT. JAYASHRI W/O. CHANNABASAPPA BIRAJDAR, D/O. NAGAPPA BUKITGAR, AGE: ABOUT 52 YEARS, OCC: HOUSE HOLD WORK, R/O: NEAR AMBIKA TEMPLE, 1050, UTTAR KASBA, SOLAPUR NORTH, SOLAPUR, DIST: SOLAPUR – 413 007, MAHARASHTRA STATE. 1D. SMT. SUJATA W/O. GIRIMALLA PATIL, D/O. NAGAPPA BUKITGAR, AGE: ABOUT 50 YEARS, OCC: HOUSEHOLD WORK, R/O: PLOT NO.1342/A, MAIN ROAD, ATHANI, TAL: ATHANI, Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:7306 RSA No. 100888 of 2018 DIST: BELAGAVI – 591 304. 1E. SMT. UMA W/O. SHANKAR DOOGANAVAR D/O. NAGAPPA BUKITGAR, AGE: ABOUT 47 YEARS, OCC: HOUSE HOLD WORK, R/O: 4741/24B, RANI CHANNAMMA NAGAR, JAMKHANDI, TQ: JAMKHANDI – 587 301, DIST: BAGALKOTE. …APPELLANTS (BY SMT. PALLAVI S. PACHHAPURE,ADVOCATE) AND: 1. SRI. ARAVIND S/O. VINAYAKRAO HAMBAR, AGE:72 YEARS, OCC:TAILORING, R/O: ATHANI, TAL:ATHANI, DIST:BELAGAVI – 590 001. 2. SRI. GUNDU S/O. MAHADEV KSHEERSAGAR, AGE:MAJOR, OCC:AGRICULTURE, R/O. ATHANI, TAL:ATHANI, DIST:BELAGAVI – 590 001. 3. SRI. SURYAKANT S/O. MAHADEV KSHEERSAGAR, AGE:MAJOR, OCC:AGRICULTURE, R/O. ATHANI, TAL:ATHANI, DIST:BELAGAVI – 590 001. 4. SRI. PRADEEP S/O. VINAYAKRAO HAMBAR, AGE:MAJOR, OCC:TAILOR, R/O. ATHANI, TAL:ATHANI, DIST:BELAGAVI – 590 001. …RESPONDENTS THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 18.07.2018 PASSED BY THE COURT OF PRL. SENIOR CIVIL JUDGE, ATHANI RA NO.69/2006 CONFIRMING THE JUDGMENT AND DECREE DATED 08.08.2006 PASSED BY THE COURT OF ADDITIONAL CIVIL JUDGE (JR.DN.) AND J.M.F.C., ATHANI IN O.S.NO.99/1994 BY ALLOWING THIS APPEAL, IN THE INTEREST OF JUSTICE. - 3 - HC-KAR NC: 2025:KHC-D:7306 RSA No. 100888 of 2018 THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL) 1. Counsel for the appellants submits that, the appellants had filed a comprehensive suit in O.S.No.128/1993 for the relief of declaration and consequential reliefs, which was decreed in favour of the appellants on 18.04.2006 confirmed by this Court in RSA No.1799/2006 vide judgment and decree dated 29.07.2022, in that view of the matter, the present appeal would not survive for consideration. 2. The submission is taken on record. The appeal is dismissed as having become infructuous. Sd/- (M.G.S. KAMAL) JUDGE SH CT-ASC List No.: 1 Sl No.: 30