- 1 - HC-KAR NC: 2025:KHC-D:9457 RSA No. 5845 of 2011 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR SECOND APPEAL NO. 5845 OF 2011 BETWEEN: SHANKAR S/O. AVADU GADKAR AGE: 71 YEARS, OCC: BUSINESS MAN, R/O: BOMBAY-400001. …APPELLANT (BY SRI. B. MOHAMMED ALI AND SRI. H.S. SHEIKH, ADVOCATES) AND: 1. ANJNA RAGHUNATH GADKAR AGE: 59 YEARS, R/O: CHITTAKULA, DIST: KARWAR-550012. 2. SMT. ACHHU @ KUSUMA D/O. RAGHUNATH GADKAR AGE: 64 YEARS, R/O: CHITTAKULA, DIST: KARWAR-550012. 3. JEEVAN S/O. RAGHUNATH GADKAR AGE: 62 YEARS, R/O: CHITTAKULA, DIST: KARWAR-550012. 4. SMT. RUPA W/O. SHANTARAM LAD AGE: 66 YEARS, R/O: VASANT VIHAR, 3RD FLOOR, PARIZAT BUILDING, POKRAN ROAD NO.2, THANE-400-601. 5. SHAMALA D/O. NARAYAN GAJINKAR @ ALKA W/O SUDESH MALSEKAR, AGE: 54 YEARS, R/O: CHITTAKULA, KARWAR-650012. …RESPONDENTS (BY SRI. J.S. SHETTY, ADVOCATE FOR R1; NOTICE SERVED R2, R3 AND R5; R4 DISMISSED V/O. DATED 20.03.2024) Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.01 15:03:47 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9457 RSA No. 5845 of 2011 THIS RSA IS FILED U/S. 100 OF CPC 1908., AGAINST THE JUDGMENT & DECREE DATED:26.07.2011 PASSED IN R.A.NO.40/2010 ON THE FILE OF THE DISTRICT JUDGE, UTTARA KANNADA, KARWAR, DISMISSING THE APPEAL, FILED AGAINST THE JUDGMENT DATED:08.02.2010 AND THE DECREE PASSED IN O.S.NO.82/2006 ON THE FILE OF THE ADDL. CIVIL JUDGE (SR.DN.), KARWAR, DISMISSING THE SUIT FILED FOR PARTITION, POSSESSION AND INJUNCTION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) None appear for the parties. The appeal has already been dismissed against Respondent No.4 as per the order dated 20.03.2024. The appellant is not interested in prosecuting the case. Hence, the appeal is dismissed. Sd/- (G BASAVARAJA) JUDGE AC Ct-cmu LIST NO.: 1 SL NO.: 37