- 1 - HC-KAR NC: 2025:KHC-D:17103-DB RFA No. 100407 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF DECEMBER 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI REGULAR FIRST APPEAL NO. 100407 OF 2022 (PAR/POS) BETWEEN: 1. SMT. PUSHPA MAHADEV KINAGI AGE: 62 YEARS, OCC: HOUSEWIFE, R/O. PLOT NO.3A, CTS NO.2508, TEACHERS COLONY, VIDYA NAGAR, KANGRALI K.H., BELAGAVI-591108. 2. SHRI. NAVEEN MAHADEV KINAGI AGE: 33 YEARS, OCC: PRIVATE SERVICE, R/O. PLOT NO.3A, CTS NO.2508, TEACHERS COLONY, VIDYA NAGAR, KANGRALI K.H., BELAGAVI-591108. …APPELLANTS (BY SRI. I.M.KOTWAL AND SMT. PRIYANKA H.PAWAR, ADVOCATES (ABSENT)) AND: SHRI. ASHOK NAGAPPA SULEBHAVI AGE: 62 YEARS, OCC: GOVT. SERVICE, R/O. H. NO.4121, NEAR AJIT LODGING, GAVALI GALLI, BELAGAVI-591001. …RESPONDENT (BY SRI. DEEPAK S.KULKARNI, ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 OF CPC., 1908, AGAINST THE JUDGMENT AND DECREE DATED 08.04.2022 PASSED IN O.S.NO.230/2016 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE BELAGAVI, DECREEING THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION. THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.04 10:04:52 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17103-DB RFA No. 100407 of 2022 CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI ORAL ORDER (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) On 26.11.2025, the following order was passed. “On the previous occasion, we have adjourned the matter while making it clear that the matter would be heard and disposed of finally. However, there is no representation for the appellant today. As a last opportunity, list this matter on 03.12.2025. It is made clear that if there is no representation for the appellant on the next date of hearing, the appeal shall stand dismissed.” 2. The matter is called out. There is no representation for the appellants. 3. Accordingly, the appeal stand dismissed for non- prosecution. Sd/- (R.DEVDAS) JUDGE Sd/- (B. MURALIDHARA PAI) JUDGE MBS Ct:vh List No.: 1 Sl No.: 9