- 1 - HC-KAR NC: 2025:KHC-D:17329-DB RFA No. 100570 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 5TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI R.F.A. NO.100570 OF 2022 (PAR/POS) BETWEEN: 1. KASHIMSAB S/O. HUSENSAB NADAF, AGE: 63 YEARS, OCC: AGRICULTURE, R/O. SHIVAGANGA NAGAR, SAVADATTI ROAD, DHARWAD-580006. 2. SMT. HAFIJABEE W/O. HAJARESAB NADAF, AGE: 55 YEARS, OCC: HOUSEHOLD, R/O. KANAPUR, TQ. DHARWAD-580112. 3. SMT. MAMATAJBEE W/O. MAHABOOBSAB NADAF, AGE: 52 YEARS, OCC: HOUSEHOLD, R/O. HUNASIKATT, TQ. BAILHONGAL, DIST. BELAGAVI-591153. 4. RAJESAB S/O. HUSENSAB NADAF, AGE: 44 YEARS, OCC: AGRICULTURIST, R/O.MORAB, TQ. NAVALAGUND, DIST. DHRWAD-580112. …APPELLANTS (BY SRI MANJUNATH A. KARIGANNAVAR, ADVOCATE) AND: 1. MAKTUMBI W/O. PACHESAB NADAF, AGE: 69 YEARS, OCC: AGRICULTURIST, R/O. RAYAPUR, TQ. DHARWAD-580009. 2. DAVALSAB S/O. RASULSAB NADAF, AGE: 31 YEARS, OCC: AGRICULTURIST, R/O. RAYAPUR, TQ. DHARWAD-580009. Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench. - 2 - HC-KAR NC: 2025:KHC-D:17329-DB RFA No. 100570 of 2022 3. HAJARATABEE W/O. MANIKASAB NADAF, AGE: 42 YEARS, OCC: HOUSEHOLD, R/O. RAYAPUR, TQ. DHARWAD-580009. 4. MAMATAZBEGAM W/O. MOULASAB NADAF, AGE: 49 YEARS, OCC: HOUSEHOLD, R/O. BELAGALI, TQ. HUBBALLI-581207. 5. DAVALABEE W/O. MOHAMADSAB NADAF, AGE: 44 YEARS, OCC: AGRICULTURIST, R/O. ADARAGUNCHI, TQ. HUBBALLI-580028. 6. BEEBIJAN W/O. JINNESAB NADAF, AGE: 64 YEARS, OCC: AGRICULTURIST, R/O. RAYAPUR, TQ. DHARWAD-580009. 7. MUMTAJBEGUM W/O. RAJESAB SHIBARAGATTI, AGE: 44 YEARS, OCC: HOUSEHOLD WORK, R/O. RAYAPUR ROAD, NEAR KMF, TQ. DHARWAD-580009. 8. IMAMSAB S/O. JINNESAB NADAF, AGE: 49 YEARS, OCC: AGRICULTURIST, R/O. RAYAPUR ROAD, NEAR KMF, TQ. DHARWAD-580009. 9. CHAMUNDI MAHAMAD SHARIF S/O. ABDUL KHARIM, AGE: 54 YEARS, OCC: BUSINESS, R/O. CITY AVENUE, KESHWAPUR, HUBLI-5800023. …RESPONDENTS (BY SRI SUDHINDRA V. KOPPAR & SMT. ASHA S. KOPPAR, ADV. FOR R9) (NOTICE TO R2 TO R7 IS SERVED, BUT UNREPRESENTED) (V/O.DATED 02.07.2025, APPEAL AGAINST R1 & R8 STAND DISMISSED) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF C.P.C, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE OF O.S.NO.124/2018 DATED 21.03.2022 PASSED BY THE II ADDL. SENIOR CIVIL JUDGE AND JMFC, AT DHARWAD AND ALLOW THE SUIT IN ENTIRELY IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI - 3 - HC-KAR NC: 2025:KHC-D:17329-DB RFA No. 100570 of 2022 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) 1. On 02.07.2025, the following order was passed by this Court: “Two weeks’ time is granted to do the needful in respect of deceased respondent No.1, and respondent No.8, failing which the appeal as against said respondents shall stand dismissed.” 2. Despite such order being passed no steps are taken to bring on record the legal representatives of deceased respondent No.1. No steps are taken for service of notice on respondent No.8. Consequently, by virtue of the peremptory order, this appeal stands dismissed for non-compliance of order passed on 02.07.2025. Sd/- (R.DEVDAS) JUDGE Sd/- (B. MURALIDHARA PAI) JUDGE CKK /CT-AN List No.: 1 Sl No.: 9