- 1 - NC: 2025:KHC-K:1977 RFA No. 200078 of 2020 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR FIRST APPEAL NO.200078 OF 2020 (PA/DE/IN) BETWEEN: 1. APPARAO RAYAPPA MANE @ BAJANTRI AGE: 75 YEARS, OCC: BUSINESS & AGRICULTURE, LAXMI NIWAS, MANE BLDG. OPP: SAMRAT HOTEL, STATION ROAD, VIJAYAPUR – 586 104. 2. MAINABAI W/O APPARAO MANE @ BAJANTRI AGE: 65 YEARS, OCC: BUSINESS & AGRICULTURE, R/O: LAXMI NIWAS MANE BUILDING, OPP: SAMRAT HOTEL, STATION ROAD, VIJAYAPURA – 586 104. 3. KISHOR S/O APPARAO MANE @ BAJANTRI AGE: 40 YEARS, OCC: BUSINESS & AGRICULTURE, R/O: MUMBAI & VIJAYAPUR PRESENTLY R/O: LAXMI NIWAS MANE BUILDING, OPP: SAMRAT HOTEL, STATION ROAD, VIJAYAPURA – 586 104. 4. ASHOK S/O APPARAO MANE @ BAJANTRI Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1977 RFA No. 200078 of 2020 AGE: 38 YEARS, OCC: BUSINESS & AGRICULTURE, R/O: LAXMI NIWAS MANE BUILDING, OPP: SAMRAT HOTEL, STATION ROAD, VIJAYAPURA – 586 104. 5. ANAND S/O APPARAO MANE @ BAJANTRI AGE: 35 YEARS, OCC: BUSINESS & AGRICULTURE, R/O: LAXMI NIWAS MANE BUILDING, OPP: SAMRAT HOTEL, STATION ROAD, VIJAYAPURA – 586 104. APPELLANT NO.1, 2, 4 AND 5 ARE REPRESENTED BY GPA APPELLANT NO.3, I.E., KISHORE S/O APPARAO MANE. …APPELLANTS (BY SRI APPARAO RAYAPPA AND OTHERS – ABSENT) AND: 1. SMT. PARUBAI W/O RAJAPPA MANE @ BAJANTRI, AGE: 80 YEARS, OCC: HOUSEHOLD WORK, R/O: MANE FARM HOUSE, POST: KALHER, TQ: BHIWANDI, DIST: THANE, MAHARASTRA STATE – 421 302. 2. SMT. VANAMALA @ VAMALA W/O VIJAY MANE AGE: 52 YEARS, OCC: HOUSEHOLD WORK, R/O: VANGI-TADASALA, TQ: KHEDAGAON, DIST: SANGLI, MAHARASTRA STATE. PRESENTLY RESIDING AT MANE FARM HOUSE, POST: KALHER, - 3 - NC: 2025:KHC-K:1977 RFA No. 200078 of 2020 TQ: BHIWANDI, DIST: THANE, MAHARASTRA STATE – 421 302. 3. ANIL S/O RAJAPPA MANE @ BAJANTRI AGE: 55 YEARS, OCC: SERVICE, R/O: C/O: SMT. PARUBAI W/O RAJAPPA MANE @ BAJANTRI, MANE FARM HOUSE, POST: KALHER, TQ: BHIWANDI, DIST: THANE, MAHARASTRA STATE – 421 302. 4. SIDDAPPA @ SIDDU S/O BHIMAPPA MANE @ BAJANTRI AGE: 63 YEARS, OCC: BUSINESS, R/O: SHIVSAGAR VILLA, OPP: NCC OFFICE, SOLAPUR ROAD, VIJAYAPUR – 581 04. 5. LATA W/O PRALHAD BAJANTRI AGE: 55 YEARS, OCC: HOUSEHOLD WORK, R/O: BAJANTRI GALLI, JORAPUR PETH, VIJAYAPURA, PRESENTLY RESIDING AT SHROLKAR LAYOUT, NEAR ITAGI COLONY, ATHANI ROAD, VIJAYAPURA – 586 103. RAMESH S/O BHIMAPPA MANE @ BAJANTRI SINCE DECEASED BY HIS L.RS. 6. ANITA W/O RAMESH MANE @ BAJANTRI, AGE: 50 YEARS, OCC: HOUSE HOLD WORK, R/O: MODERN BREACH CANDY APARTMENT, - 4 - NC: 2025:KHC-K:1977 RFA No. 200078 of 2020 VAIBHAV BUILDING, 2ND FLOOR "B" BLOCK, WARDEN ROAD, BHULABAI DESAI ROAD, MUMBAI – 400 026. 7. AMRUTA D/O RAMESH MANE @ BAJANTRI AGE: 21 YEARS, OCC: STUDENT, R/O: MODERN BREACH CANDY APARTMENT, VAIBHAV BUILDING, 2ND FLOOR "B" BLOCK, WARDEN ROAD, BHULABAI DESAI ROAD, MUMBAI – 400 026. 8. LALI D/O RAMESH MANE @ BAJANTRI AGE: 10 YEARS, OCC: STUDENT, BY MINOR GUARDIAN ANITA W/O RAMESH MANE @ BAJANTRI,, R/O: MODERN BREACH CANDY APARTMENT, VAIBHAV BUILDING, 2ND FLOOR "B" BLOCK, WARDEN ROAD, BHULABAI DESAI ROAD, MUMBAI – 400 026. 9. KANAYYA S/O RAMESH MANE @ BAJANTRI AGE: 10 YEARS, OCC: STUDENT, BY MINOR GUARDIAN ANITA W/O RAMESH MANE @ BAJANTRI,, R/O: MODERN BREACH CANDY APARTMENT, VAIBHAV BUILDING, 2ND FLOOR "B" BLOCK, WARDEN ROAD, BHULABAI DESAI ROAD, MUMBAI – 400 026. 10. AMEENSA S/O SHALISA SOUDAGAR AGE: 53 YEARS, OCC: AGRICULTURE, R/O: AGASAR ONI, JORAPUR PETH, VIJAYAPURA – 586 014. - 5 - NC: 2025:KHC-K:1977 RFA No. 200078 of 2020 11. HAJI MOHAMAD ISAQ S/O HAJI BASHIR AHAMAD BEPARI AGE: 39 YEARS, OCC: AGRICULTURE, R/O: NEAR SOLAPUR NAKA, SHAHAPUR GATE, VIJAYAPURA – 586 101. 12. ISMAIL S/O LAL AHAMAD BEPARI AGE: 38 YEARS, OCC: BUSINESS, R/O: JAIL ROAD, SHAHAPUR GATE, VIJAYAPURA – 586 101. 13. MOHAN @ VIJAY S/O RAJAPPA MANE @ BAJANTRI AGE: 48 YEARS, OCC: BUSINESS, R/O: MANE FARM HOUSE, POST: KALHER, TQ: BHIWANDI, DIST: THANE, MAHARASTRA STATE – 421 302. 14. SHIVANGI W/O SUDHIR @ SUDESH MANE @ BAJANTRI AGE: 40 YEARS, OCC: HOUSEHOLD WORK, R/O: MANE FARM HOUSE, POST: KALHER, TQ: BHIWANDI, DIST: THANE, MAHARASTRA STATE – 421 302. 15. RAJASUL S/O SUDHIR @ SUDESH MANE @ BAJANTRI AGE: 25 YEARS, OCC: NIL., R/O: MANE FARM HOUSE, POST: KALHER, - 6 - NC: 2025:KHC-K:1977 RFA No. 200078 of 2020 TQ: BHIWANDI, DIST: THANE, MAHARASTRA STATE – 421 302. 16. SUNDARABAI W/O BHIMASYA MANE AGE: 85 YEARS, OCC: HOUSEHOLD WORK, R/O: MODERN BREACH CANDY APARTMENT, VAIBHAV BUILDING, 2ND FLOOR, "B" BLOCK, WARDEN ROAD, BHULABAI DESAI ROAD, MUMBAI – 400 026. …RESPONDENTS (BY SRI MANVENDRA REDDY, ADVOCATE FOR R1 TO R3; SRI D.P. AMBEKAR, ADVOCATE FOR R10; V/O DATED 20.03.2025 NOTICE TO R5 HELD SUFFICIENT R5 TO R9, R11; R12 NOTICE; NOTICE TO R14 AND R15 IS HELD SUFFICIENT) REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 AND 2 OF CPC, PRAYING TO CALL FOR RECORDS, SET ASIDE THE DISMISSAL OF COUNTER CLAIM OF DEFENDANT NO.1 AND PLEASED TO ALLOW THE APPEAL BY DECREEING THE COUNTER CLAIM OF THE DEFENDANT NO.1 IN REGARD TO PROPERTIES BEARING NO SY.NO.303/2 AND PROPOSED PROPERTY BEARING SY.NO.298/6/B OF KALHER VILLAGE OF MAHARASTRA STATE, IN O.S.NO.76/2010, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS REGULAR FIRST APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE - 7 - NC: 2025:KHC-K:1977 RFA No. 200078 of 2020 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) 1. Names of the appellants are called out. 2. None appears for the appellants. 3. Hence, the appeal is dismissed for non- prosecution. Sd/- (ANANT RAMANATH HEGDE) JUDGE SVH List No.: 1 Sl No.: 9