- 1 - HC-KAR NC: 2025:KHC-D:14857 RSA No. 5300 of 2012 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REGULAR SECOND APPEAL NO. 5300 OF 2012 (DEC/INJ) BETWEEN: 1. SRI. HANAMANT S/O. NINGAPPA NICHHANAKI @ NAIKAR, AGE: 70 YEARS, OCC. AGRICULTURE, R/O. GANDIGWAD-591115, TQ. KHANAPUR, DIST. BELAGAVI. (AMENDED AND DELETED VIDE ORDER DATED 07.12.2021 ON MEMO) 2. SRI. BASAPPA NINGAPPA NICHHANAKI @ NAIKAR AGE: 63 YEARS, OCC. AGRICULTURE, R/O. GANDIGWAD-591115, TQ. KHANAPUR, DIST. BELAGAVI. 3. SRI. SANGAPPA NINGAPPA NICHHANAKI @ NAIKAR AGE: 55 YEARS, OCC. AGRICULTURE, R/O. GANDIGWAD-591115, TQ. KHANAPUR, DIST. BELAGAVI. 4. SRI. YALLAPPA NINGAPPA NICHHANAKI @ NAIKAR AGE: 50 YEARS, OCC. AGRICULTURE, R/O. GANDIGWAD-591115, TQ. KHANAPUR, DIST. BELAGAVI. …APPELLANTS (BY SRI. AKSHAY A. KATTI & SRI. ANAND ASHTEKAR, ADVOCATES) AND: 1. SRI. SADEPPA IRAPP AREER SINCE DECEASED BY HIS LRS. SMT. YALLAWWA W/O. SADEPPA ARER SINCE DECEASED, RESPONDENTS NO.2 TO 6 ARE HER LRS AND ARE ALREADY ON RECORD. YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.11.04 10:19:30 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14857 RSA No. 5300 of 2012 2. SRI. SHANKAR SADEPPA ARER AGE: 50 YEARS, OCC. AGRICULTURE, R/O. GANDIGWAD-591115, TQ. KHANAPUR, DIST. BELAGAVI. 3. SRI. RUDRAPPA SADEPPA ARER SINCE DECEASED BY HIS LRS. SMT. VANDANA W/O. RUDRAPPA ARER AGE: 40 YEARS, OCC. AGRICULTURE, R/O. GANDIGWAD-591115, TQ. KHANAPUR, DIST. BELAGAVI. 4. KUMARI MANJULA D/O. RUDRAPPA ARER AGE: 13 YEARS, OCC: STUDENT, R/O. GANDIGWAD-591115, TQ. KHANAPUR, DIST. BELAGAVI. BEING MINOR, REPTED. BY HER NATURAL MOTHER- GUARDIAN SMT. VANDANA W/O. RUDRAPPA ARER, RESPONDENT NO.3 5. SRI. IRAPPA SADEPPA ARER AGE: 48 YEARS, OCC. AGRICULTURE, R/O. GANDIGWAD-591115, TQ. KHANAPUR, DIST. BELAGAVI. 6. SRI. ASHOK SADEPPA ARER AGE: 46 YEARS, OCC. AGRICULTURE, R/O. GANDIGWAD-591115, TQ. KHANAPUR, DIST. BELAGAVI. …RESPONDENTS (BY SRI. GIRISH S. HIREMATH, ADVOCATE FOR R2-R6) THIS RSA IS FILED UNDER SECTION 100 R/W. ORDER 41 RULE 1 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 03.12.2011 PASSED BY THE PRESIDING OFFICER, FAST TRACK COURT, KHANAPUR IN R.A.NO.13/2008 AND SET ASIDE THE JUDGMENT AND DECREE DATED 06.09.1996 PASSED BY THE MUNSIFF, KHANAPUR IN O.S.NO.149/1990 AND ALLOW THIS APPEAL WITH COSTS THROUGHOUT BY DECREEING THE SUIT IN O.S.NO.149/1990 ON THE FILE OF MUNSIFF, KHANAPUR AND ETC. - 3 - HC-KAR NC: 2025:KHC-D:14857 RSA No. 5300 of 2012 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. From the perusal of the records, it is noticed that the appellant No.1 has been deleted and the appeal as against the appellant No.3 has been dismissed. It seems that the appellant No.2 is not interested in prosecuting the appeal. Therefore, the appeal is dismissed for non-prosecution. SD/- (C M JOSHI) JUDGE RKM CT:PA LIST NO.: 1 SL NO.: 7