1 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 29TH DAY OF OCTOBER, 2021 BEFORE THE HON’BLE MR.JUSTICE M.G.S.KAMAL RSA.No.723/2008 BETWEEN: 01. SRI. JAIPRAKASH S/O MANIKAPPA AGE: 43 YEARS 02. SRI. CHANDERAYYA S/O VEERABHYADRAYYA SWAMI AGE: 64 YEARS 03. SRI. TANAJI RAO S/O KESHAVARAO AGE: 64 YEARS 04. SRI. BHASKAR S/O CHANDERAPPA AGE: 67 YEARS 05. PRAVATIBAI W/O SHAMRAO AGE: 63 YEARS 06. SMT. NIRMALA W/O MADHUKAR RAO AGE: 42 YEARS 07. SMT. PREMILABAI D/O SHANKARARAO GORKHA AGE: 63 YEARS 08. SMT. SHOBA W/O SRIDAHRA RAO AGE: 60 YEARS 2 09. SMT. PREMILABAI W/O VITHAL RAO AGE: 61 YEARS 10. SRI. SHARANAPA S/O NURENDAPPA AGE: 46 YEARS 11. SRI. BALKRISHNA S/O MANOHAR RAO AGE: 56 YEARS 12. SRI. SHIVAJI RAO S/O KESHAVA RAO AGE: 68 YEARS 13. SRI. PRABHAKAR S/O WAMANRAO AGE: 43 YEARS 14. SRI. ASHOK KUMAR S/O GANGADHAR BEDU AGE: 64 YEARS 15. SMT. SHASHIKALA W/O RAMESH YACHOL AGE: 58 YEARS 16. SMT. SUREKHA W/O BHARATH DANAWADKAR AGE: 43 YEARS ALL ARE RESIDENTS OF PROPER CITY TALUK ANDDIST:BIDAR ALL ARE REPRESENTED BY GPA HOLDER SRI. ANNAPPA S/O: SHANKARAPPA NAGURE AGE: 64 YEARS RESIDING AT VIDHYANAGAR COLONY BIDAR - 504 801. ... APPELLANTS (BY SRI. S. V. SHASTRI AND RAVI. S. HEGDE, ADVOCATES (ABSENT)) 3 AND: SRI. SHIVASHARNAPPA S/O BHEEMA RAO PATIL AGE: MAJOR RESIDING AT NIZAMPUR TALUK AND DIST: BIDAR - 504801. ... RESPONDENT (BY SRI. SANJEEVKUMAR C. PATIL, ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE PRAYING TO PASS A JUDGMENT AND DECREE BY SETTING ASIDE THE JUDGMENT AND DECREE PASSED IN R.A.NO.46 OF 2006 DATED 11.12.2007, ON THE FILE OF PRINCIPAL CIVIL JUDGE (SR. DN), BIDAR, CONFIRMING THE JUDGMENT AND DECREE PASSED IN O.S.NO.64 OF 2005 DATED 22.06.2006, ON THE FILE OF THE COURT OF PRL. CIVIL JUDGE (JR. DN) BIDAR AND ALLOW THE ABOVE APPEAL WITH COST, THROUGHOUT IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:- 4 JUDGMENT By an order dated 28.09.2021 this Court has taken note of absence of learned counsel for the appellants and directed the appellants that in case the appellants fails to appear on the next date of hearing, appropriate order will be passed. Even today none-appears for the appellants. Pursuant to the order passed by this Court as referred above, the appeal is dismissed for non- prosecution. In view of disposal of the main appeal, pending I.A.No.1/2008 does not survive for consideration, hence the same is also dismissed. Sd/- JUDGE KJJ