- 1 - HC-KAR NC: 2025:KHC-D:14205 RSA No. 5370 of 2009 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 23RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REGULAR SECOND APPEAL NO. 5370 OF 2009 (DEC/INJ) BETWEEN: 1. SANGAPPA S/O. GIRIYAPPA SARAVARI, AGE: 40 YEARS, OCC. AGRICULTURE, R/O. BILAGI. 2. LAXMAN S/O. KARIYAPPA SARAVARI, AGE: 22 YEARS, OCC. AGRICULTURE, R/O. BILAGI. 3. 3A. YAMANAPPA S/O. KARIYAPPA SARAVARI, SINCE DECEASED BY HIS LRS., SMT. SHANTAVVA W/O. YAMANAPPA SARAVARI, AGE: 55 YEARS, OCC. AGRICULTURE, R/O. BILAGI. 3B. MALLESH S/O. YAMANAPPA SARAVARI, AGE: 30 YEARS, OCC. AGRICULTURE, R/O. BILAGI. 3C. KARIYAPPA S/O. YAMANAPPA SARAVARI, AGE: 25 YEARS, OCC. AGRICULTURE, R/O. BILAGI. 3D. SMT. HANAMAVVA W/O. MAHADEVAPPA VADEYAR AGE: 27 YEARS, OCC. AGRICULTURE, R/O. MUGALKHOD, TQ. MUDHOL. 3E. SMT. LAXMIBAI W/O. PARASHURAM JAMBAGI, AGE: 22 YEARS, OCC. AGRICULTURE, R/O. AINAPUR, TQ. ATHANI, DIST. BELAGAVI. …APPELLANTS (BY SRI. PRABHAKAR A. KULKARNI, ADVOCATE) AND: VITHAL S/O. RAMANNA SARAVARI, AGE: 22 YEARS, OCC. STUDENT & AGRICULTURE, R/O. BILAGI …RESPONDENT (BY SRI. GIRISH A. YADAWAD, ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 R/W. ORDER 41 RULE 1 OF CPC., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 30.03.2009 PASSED BY THE FAST TRACK COURT-II IN R.A.NO.89/2008 CONFIRMING THE JUDGMENT AND DECREE DATED 01.08.2008 PASSED BY THE CIVIL JUDGE (SR.DN.) COURT BILAGI, IN O.S.NO.324/2005 IN THE INTEREST OF JUSTICE AND EQUITY. YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.10.27 10:44:18 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14205 RSA No. 5370 of 2009 THIS APPEAL, COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C M JOSHI) Learned counsel for the respondent is present. From perusal of the records, it is evident that there is no representation on 07.06.2024, 27.06.2024, 18.07.2024, 30.08.2025, 03.09.2025 and 17.09.2025. Despite this Court granting adjournment suo-moto, no appearance is made on behalf of the appellants. In that view of the matter, it appears that the appellants are not at all interested in prosecuting the appeal and therefore, the appeal is dismissed for non-prosecution. SD/- (C M JOSHI) JUDGE RKM CT:PA LIST NO.: 1 SL NO.: 42