- 1 - HC-KAR NC: 2025:KHC-K:3539 RSA No. 200138 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO. 200138 OF 2024 (PAR/POS) BETWEEN: KARANGOWDA S/O CHANDRAPPA KALAL, AGED: 51 YEARS, OCC: AGRICULTURE, R/O: VILLAGE KADECHUR, TQ: AND DIST: YADGIR – 585 223. …APPELLANT (BY SRI GANESH NAIK, ADVOCATE (ABSENT) AND: 1. MOULANA S/O BABU K @ BAPU KUDLUR, SINCE DECEASED BY HIS LRS SMT. AMINABAI W/O LATE MOULANA, AGED: 71 YEARS, OCC: HOUSEHOLD, R/O: KADECHUR VILLAGE, TQ: AND DIST: YADGIR – 585 223. 2. ABDUL GANI S/O LATE MOULANA, AGED: 54 YEARS, OCC: AGRICULTURE, R/O: KADECHUR VILLAGE, TQ: AND DIST: YADGIR – 585 223. Digitally signed by NIJAMUDDIN JAMKHANDI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3539 RSA No. 200138 of 2024 3. MAHEBOOB PASHA S/O LATE MOULANA, AGED: 51 YEARS, OCC: AGRICULTURE, R/O: KADECHUR VILLAGE, TQ: AND DIST: YADGIR – 585 223. 4. MOHAMMED RAFEEQ S/O LATE MOULANA, AGED: 47 YEARS, OCC: AGRICULTURE, R/O: KADECHUR VILLAGE, TQ: AND DIST: YADGIR – 585 223. 5. ZEBEDA BEGUM W/O MOHAMMED JALASAB, (D/O LATE MOULANA), AGED: 49 YEARS, OCC: HOUSEHOLD, R/O: KADECHUR VILLAGE, TQ: AND DIST: YADGIR – 585 223. 6. FATIMA W/O LATE MARDHAN ALI, AGED: 71 YEARS, OCC: HOUSEHOLD, R/O: KADECHUR VILLAGE, TQ: AND DIST: YADGIR – 585 223. 7. MOULANA S/O LATE MARDHAN ALI, AGED: 39 YEARS, OCC: AGRICULTURE, R/O: KADECHUR VILLAGE, TQ: AND DIST: YADGIR – 585 223. 8. TAHERA BEGUM D/O LATE MARDHAN ALI, AGED: 36 YEARS, OCC: HOUSEHOLD, R/O: KADECHUR VILLAGE, TQ: AND DIST: YADGIR – 585 223. - 3 - HC-KAR NC: 2025:KHC-K:3539 RSA No. 200138 of 2024 9. CHANDBEE S/O LATE MARDHAN ALI, AGED: 49 YEARS, OCC: HOUSEHOLD, R/O: KADECHUR VILLAGE, TQ: AND DIST: YADGIR – 585 223. 10. PASHABEE S/O LATE MARDHAN ALI, AGED: 53 YEARS, OCC: HOUSEHOLD, R/O: KADECHUR VILLAGE, TQ: AND DIST: YADGIR – 585 223. 11. MOHD. LIYQAT ALI S/O MOHAMMED ALI, AGED: 56 YEARS, OCC: AGRICULTURE, R/O: KADECHUR VILLAGE, TQ: AND DIST: YADGIR – 585 223. …RESPONDENTS THIS RSA IS FILED UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE, PRAYING TO CALL FOR THE RECORDS, ALLOW THE APPEAL AND DECREE THE SUIT OF THE PLAINTIFF SETTING ASIDE JUDGMENT AND DECREE DATED 20.12.2023 PASSED IN R.A.NO.39/2022 BY THE SENIOR CIVIL JUDGE AND CJM, YADGIRI AND CONSEQUENTLY SEASIDE THE JUDGMENT AND DECREE DATED 10.06.2022 PASSED IN O.S.NO.277/2013 BY THE CIVIL JUDGE AND JMFC, YADGIRI AND CONSEQUENTLY DISMISSES THE SUIT OF THE PLAINTIFFS, IN THE INTEREST OF JUSTICE AND EQUITY. THIS RSA, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI - 4 - HC-KAR NC: 2025:KHC-K:3539 RSA No. 200138 of 2024 ORAL JUDGMENT Though matter was listed for non-compliance of office objections for seventh time, none appears. It was passed over and called again. 2. There is no representation. This would indicate that appellant is not diligent in pursuing appeal. Hence, appeal is dismissed for non-prosecution by imposing cost of Rs.5000/- payable to Advocate’s Association, Library Fund, Kalaburagi. Sd/- (RAVI V HOSMANI) JUDGE MSR List No.: 1 Sl No.: 21