- 1 - HC-KAR NC: 2025:KHC-D:12016 RSA No. 5713 of 2013 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR SECOND APPEAL NO. 5713 OF 2013 (POS) BETWEEN: 1. GADIGEVVA W/O. SHIVAPUTRA BUDIHAL AGE: 55 YEARS, OCC: AGRICULTURE AND HOUSEHOLD WORK R/O. H.NO.3, SY.NO.63, MAJGAON, TQ AND DIST: BELGAUM. 1A. SMT. SEVANTA W/O. SHIVPUTRA BUDIHAL AGE: 50 YEARS, OCC: HOUSEHOLD WORK, R/O: CCB-49, 2ND CROSS KALMESHWAR NAGAR, TAL AND DIST: BELAGAVI-590008. …APPELLANT (BY SRI. VISHWANATH B. SULTANPURI, ADVOCATE) AND: 1. SRI. JAIPAL S/O. SAVANTAPPA PATIL AGE: 73 YEARS, OCC: AGRICULTURE R/O. MAJAGAON, TQ AND DIST: BELGAUM - 591108. 2. MAHAVEER S/O. SAVANTAPPA PATIL AGE: 67 YEARS, OCC: AGRICULTURE R/O. MAJAGAON, TQ AND DIST: BELGAUM-591108. …RESPONDENTS (BY SRI. JAGADISH PATIL, ADVOCATE FOR R2; R1-ABATED) THIS RSA IS FILED U/S.100 OF CPC, PRAYING THE JUDGMENT & DECREE DATED:03.07.2013 PASSED IN R.A.NO.197/2011 ON THE FILE OF THE V ADDL. DISTRICT Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.09.17 12:57:54 +0530 - 2 - HC-KAR NC: 2025:KHC-D:12016 RSA No. 5713 of 2013 JUDGE, BELGAUM, DISMISSING THE APPEAL, FILED AGAINST THE JUDGMENT AND DECREE DATED:23.04.2011 AND THE DECREE PASSED IN O.S. NO.157/2007 ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE, BELGAUM, DECREEING THE SUIT FILED FOR POSSESSION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) 1. The case is called out. 2. There is no representation on behalf of the appellants. 3. Learned counsel for the respondents is present. 4. The amendment has not been carried out as per the order dated 29.08.2023. Thereafter, on several occasions, the case was adjourned to enable the appellants to carry out the amendment; however, the same has not been done, nor has the cost of Rs.2,000/– been paid to the Advocate Library Fund, High Court of Karnataka, Dharwad Bench, Dharwad, as directed by order dated 11.09.2024. - 3 - HC-KAR NC: 2025:KHC-D:12016 RSA No. 5713 of 2013 5. It appears that the appellants are not interested in prosecuting the appeal. Hence, the appeal is dismissed for default, and also for not taking steps as directed by this Court. Sd/- (G BASAVARAJA) JUDGE AC Ct-cmu LIST NO.: 1 SL NO.: 1