- 1 - HC-KAR NC: 2025:KHC-D:15893 RSA No. 5086 of 2009 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REGULAR SECOND APPEAL NO.5086 OF 2009 (DEC/INJ) BETWEEN: 1. SMT. HEMA @ HEMALATA W/O. DEEPAK MAHENDRAKAR, AGE: 47 YEARS, OCC. HOUSEHOLD WORK, R/O. RUKMINI NIVAS, BAUXITE ROAD, VAIBHAV NAGAR, BELAGAVI-590002. 2. KUMAR LAXMAN S/O. DEEPAK MAHENDRAKAR, AGE: 18 YEARS, OCC. STUDENT, R/O. RUKMINI NIVAS, BAUXITE ROAD, VAIBHAV NAGAR, BELAGAVI-590002. …APPELLANTS (BY SRI. VITTHAL S. TELI, ADVOCATE) AND: 1. SUSHEELA W/O. DEEPAK MAHENDRAKAR, AGE: 41 YEARS, OCC. HOUSEHOLD, R/O. B.C. NO. 22, KILLA, BELAGAVI-590002. 2. THE TAHASILDAR BELAGAVI TALUKA, BELAGAVI-590002. 3. THE STATE OF KARNATAKA R/BY. ITS DEPUTY COMMISSIONER, BELAGAVI DISTRICT, BELAGAVI-590002. …RESPONDENTS (BY SRI. PRAKASH S. UDIKERI, ADVOCATE FOR C/R1; SRI. DAYANAND SANGRESHI, HCGP FOR R2 TO R3) THIS RSA IS FILED UNDER SECTION 100 OF CPC., PRAYING TO CALL FOR THE RECORDS AND TO SET ASIDE THE JUDGMENT & DECREE DTD. 09.01.2009 MADE IN R.A.NO.141/2008 ON THE FILE OF THE LEARNED III ADDL. CIVIL JUDGE (SR.DN.) BELAGAVI, AT BELAGAVI, CONFIRMING THE JUDGMENT AND DECREE MADE IN O.S.NO.570/2004 BY THE III ADDL. CIVIL JUDGE (JR.DN.) BELAGAVI AT BELAGAVI MADE ON 25.07.2008 IN THE INTERESTS OF JUSTICE AND EQUITY. YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.11.20 14:49:17 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15893 RSA No. 5086 of 2009 THIS APPEAL, COMING ON FOR ARGUMENTS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C M JOSHI) Learned counsel appearing for the appellants seeks adjournment on the ground that the parties are not contacting him. It appears that the parties are not interested in prosecuting this appeal. Therefore, the appeal is dismissed for non- prosecution. SD/- (C M JOSHI) JUDGE RKM CT:PA LIST NO.: 1 SL NO.: 35