- 1 - HC-KAR NC: 2025:KHC-D:17092 RSA No. 100611 of 2017 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REGULAR SECOND APPEAL NO.100611 OF 2017 (PAR) BETWEEN: 1. SHRI VITHAL S/O. MUSHEPPA KEMPANNAVAR, AGE: 45 YEARS, OCCUPATION: AGRICULTURE, R/O. KARADIGUDDI, TAL. AND DIST. BELAGAVI-591103. 2. SMT. FAKIRAWWA W/O. MUSHEPPA KEMPANNAVAR, AGE: 62 YEARS, OCCUPATION: HOUSEHOLD WORK, R/O. KARADIGUDDI, TAL. AND DIST. BELAGAVI-591103. …APPELLANTS (BY SRI. A.B. NESARGI, ADVOCATE) AND: 1. SMT. BASANINGAWWA W/O. BASAVANNEPPA MAYANNAVAR, AGE: 60 YEARS, OCCUPATION: AGRICULTURE, R/O. HIREMELE, TAL. BAILHONGAL, DIST. BELAGAVI-591102. 2. SMT. SHANTAWWA W/O. GOUDAPPA SHETTEPPAGOL, AGE: 58 YEARS, OCCUPATION: AGRICULTURE AND HOUSEHOLD WORK, R/O. B.K. KHANAGAON, TAL AND DIST. BELAGAVI-591344. YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.12.05 10:33:35 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17092 RSA No. 100611 of 2017 3. SMT. SHIVAKANTAWWA W/O. APPAYYA GAVADE, AGE: 54 YEARS, OCCUPATION: AGRICULTURE AND HOUSEHOLD WORK, R/O. BEKKINKERI, TAL. AND DIST. BELAGAVI-591128. 4. SMT. SHIVAKKA W/O. DEMAPPA ADIN, AGE: 52 YEARS, OCCUPATION: AGRICULTURE AND HOUSEHOLD WORK, R/O. HIREMALE, TAL. BAILHONGAL, DIST. BELAGAVI-591102. …RESPONDENTS (BY SRI. S.B. DEYANNAVAR, ADVOCATE FOR R1 TO R4) THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO ALLOW THE TOP NOTED APPEAL, BY SETTING ASIDE THE JUDGMENT AND DECREE PASSED IN R.A.NO.122/2014 DATED 04.04.2016 BY THE HON’BLE II ADDITIONAL SENIOR CIVIL JUDGE AND CJM BELAGAVI, DISMISSING THE APPEAL BY CONFIRMING THE JUDGMENT AND DECREE PASSED BY THE HON’BLE I ADDITIONAL CIVIL JUDGE AND JMFC BELAGAVI IN O.S.NO.2265/2012 DATED 25.08.2014, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:17092 RSA No. 100611 of 2017 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C M JOSHI) On previous date of hearing, this Court has passed the following order: “Learned counsel for the appellants is present and seeks four days’ time to pay the cost imposed. Re-list this matter after the acknowledgment of payment of cost is filed. If the cost is not paid within two weeks from today, the appeal shall stand dismissed.” The learned counsel for the appellants submits that despite sufficient attempts were made by him to get instructions from the appellants, they have not turned up. Since this court has passed peremptory order on previous occasion and the same not having been complied with, the appeal stands dismissed for non-prosecution. SD/- (C M JOSHI) JUDGE YAN CT:PA LIST NO.: 1 SL NO.: 3