- 1 - HC-KAR NC: 2025:KHC-D:14734 RSA No. 5154 of 2010 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. 5154 OF 2010 (INJ) BETWEEN: SHRI MOHAMMEDBASHIR KHADIRSAB KHAJI AGE: 42 YEARS, OCC. SERVICE, R/O. H.NO. 4299/C, LAKKAD GALLI, GURUWARPETH, GOKAK–591307, DIST. BELAGAVI. …APPELLANT (BY SMT. S.P. PATIL, ADVOCATE) AND: 1. M/S. ADARSH FINANCIERS AND TRADERS GOKAK, REPRESENTED BY SHRI VIRUPAXAPPA GURUSIDDAPPA KOUTANALI, AGE: 60 YEARS, OCC. BUSINESS, R/O. BANAGAR GALLI, GOKAK–591307, DIST. BELAGAVI. 2. SMT. JULEKHA W/O. BASHIRAHMED JAMADAR, AGE: 55 YEARS, OCC. HOUSEHOLD, R/O. JINAGAR GALLI, GOKAK–591307, PRESENTLY R/AT. JALAL GALLI, GOKAK – 591307, DIST. BELAGAVI. 3. SHRI ISMAIL BASHIRAHMED JAMADAR AGE: 38 YEARS, OCC. BUSINESS, YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.10.31 15:12:50 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14734 RSA No. 5154 of 2010 R/O. JINAGAR GALLI, GOKAK, PRESENTLY R/AT. JALAL GALLI, GOKAK–591307, DIST. BELAGAVI. 4. SHRI ALLAUDDIN MADARSAB MULLA AGE: 52 YEARS, OCC. BUSINESS, R/O. JINAGAR GALLI, GOKAK–591307, DIST. BELAGAVI. …RESPONDENTS (R1-APPEAL ABATED; R2 AND R4-HELD SUFFICIENT; R3-NOTICE SERVED) THIS RSA IS FILED UNDER SECTION 100 R/W. ORDER 42 RULE 1 OF CPC., PRAYING TO SET ASIDE THE JUDGMENT & DECREE DATED 24-04-2009 PASSED BY THE PRINCIPAL DISTRICT JUDGE, BELAGAVI IN RA.NO.1/2007 AND SET ASIDE THE ORDER ON I.A.NO.III AND IV DATED 05-08-2006 PASSED BY THE PRINCIPAL CIVIL JUDGE(SR.DN.) GOKAK IN EP NO.42/1998 AND ALLOW I.A.NO.III AND IV FILED BY THE APPELLANT IN EP NO.42/1998 IN THE COURT OF THE PRINCIPAL CIVIL JUDGE (SR.DN.) GOKAK AND THEREBY DISMISS THE EXECUTION PETITION AS AGAINST HIM (APPELLANT) AND ETC. THIS APPEAL, COMING ON FOR ARGUMENTS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:14734 RSA No. 5154 of 2010 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C M JOSHI) From perusal of the records, it is disclosed that none had appeared for both the sides on 12.07.2024, 21.06.2024, 15.09.2025, 19.09.2025, 24.10.2025. Therefore, it appears that the appellant is not interested in prosecuting the appeal. Hence, the appeal is dismissed for non-prosecution. SD/- (C M JOSHI) JUDGE RKM CT:PA LIST NO.: 1 SL NO.: 35