- 1 - HC-KAR NC: 2025:KHC-D:15981 RSA No. 5669 of 2011 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 20TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REGULAR SECOND APPEAL NO.5669 OF 2011 (INJ) BETWEEN: BASTYANV MINGEL REBELLO, AGE: 67 YEARS, OCC. AGRICULTURIST AND BUSINESS, R/AT. KASARKOD, TQ. HONAVAR-581334. …APPELLANT (BY SRI. VIJAY M. MALALI, ADVOCATE AND SRI. JEEVAN NEERALAGI, ADVOCATE) AND. 1. VAMAN NARASHIMHA PRABHU SINCE DECEASED BY HIS L.RS. SMT. VIJAYLAXMI W/O. VAMAN PRABHU, AGE: 70 YEARS, OCC. HOUSEHOLD WORK, R/O. TOPPAL, KASARKOD, TQ. HONAVAR-581334. 2. SMT. KALPANA W/O. VENKATESH PHAL, AGED ABOUT 50 YEARS, OCC. HOUSEHOLD WORK, R/O. TOPPAL, KASARKOD, TQ. HONAVAR-581334. 3. SMT. ANITA W/O. ANIL DESHPANDE, AGED ABOUT 48 YEARS, OCC. HOUSEHOLD WORK, R/O. TOPPAL, KASARKOD, TQ. HONAVAR-581334. YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.11.22 10:15:44 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15981 RSA No. 5669 of 2011 4. SMT. VINAYA KOM VITHAL PAI, AGED ABOUT 46 YEARS, OCC. HOUSEHOLD WORK, R/O. KASARKOD PAIKI, POST OFFICE, TQ. HONAVAR-581334. 5. SRINIVAS S/O. VAMAN PRABHU, AGE: 43 YEARS, OCC. BUSINESS, R/O. VIJAYLAXMI COMPOUND, KASARKOD, TQ. HONAVAR-581334. 6. VINAYA S/O. VAMAN PRABHU, AGE: 41 YEARS, OCC. BUSINESS, R/O. NEAR TAUFIQUE ICE FACTORY, KASARKOD, TQ. HONAVAR-581334. 7. SMT. MAHAMAYI W/O. YOGESH SHANBHAG, OCC. HOUSEHOLD, R/O. NEAR TAUFIQUE ICE FACTORY, KASARKOD, TQ. HONAVAR-581334. …RESPONDENTS (BY SRI. SHIVARAJ S. BALLOLI, ADVOCATE FOR R1; (R1 IS GPA HOLDER TO R2 TO R7) THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO CALL FOR THE RECORDS IN O.S.NO.87/1976 ON THE FILE OF PRL. MUNSIFF HONNAVAR AND THE RECORDS IN R.A.NO.12/2001 ON THE FILE OF SENIOR CIVIL JUDGE HONNAVAR AND BE PLEASED TO SET ASIDE THE JUDGMENT AND DECREE UNDER APPEAL ON THE FILE OF SENIOR CIVIL JUDGE HONNAVAR DATED 13.04.2011 IN R.A.NO.12/2001 BY ALLOWING THIS APPEAL AND THE SUIT AT O.S.NO.87/1976 ON THE FILE OF PRL. MUNSIFF HONNAVAR BE DISMISSED WITH COST THROUGH OUT IN THE INTEREST OF JUSTICE. THIS APPEAL, COMING ON FOR DISMISSAL THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:15981 RSA No. 5669 of 2011 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C M JOSHI) This Court notices that there is no representation for the appellant for considerable long time and on 28.10.2025 the learned counsel for the respondents submitted that some negotiations are going on between the parties. On the last date of hearing i.e., on 13.11.2025 as well as today, none appear for both the sides. It seems that the parties are not interested in prosecuting the matter. Therefore, the appeal stands dismissed for non-prosecution. SD/- (C M JOSHI) JUDGE YAN CT:PA LIST NO.: 1 SL NO.: 21