- 1 - HC-KAR NC: 2026:KHC:14997 RSA No. 948 of 2010 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR SECOND APPEAL NO.948 OF 2010 (PAR) BETWEEN: 1. SMT. BEEBIJAN W/O NOOR AHAMED, AGED ABOUT 66 YEARS, R/O 4TH CROSS, VENKABHOVI COLONY, AZADNAGAR, DAVANGERE-577001.. 2. SRI SYED PEER SAB S/O KHASIM SAB, AGED ABOUT 66 YEARS, 3. SRI SAGIR S/O SYED PEER SAB, AGED ABOUT 27 YEARS, 4. SRI MUBASHEER S/O SYED PEER SAB, AGED ABOUT 27 YEARS, APPELLANT NOS.2 TO 4 ARE R/O CHINNIKATTE VILLAGE, HONNALLI TALUK, DAVANGERE DISTRICT. 5. SMT. JAMASHEEDA BANU W/O MAHABOOBLI, AGED ABOUT 36 YEARS, 2ND MAIN, 2ND CROSS, BETHUR ROAD, DAVANGERE-577001. 6. SMT. TAHERA BANU W/O IMAM AHAMED, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14997 RSA No. 948 of 2010 AGED ABOUT 32 YEARS, R/O 3RD CROSS, BASHANAGAR, DAVANGERE-577001. 7. SMT. PARVEEN BANU W/O AMEEN AHAMED, AGED ABOUT 48 YEARS, R/O 4TH CROSS, VENKABHOVI COLONY, AZADNAGAR, DAVANGERE. …APPELLANTS (BY SRI IQBAL PATEL, ADVOCATE; V/O DATED 12.07.2023 THE APPEAL AGAINST A-1 ABATED) AND: 1. SRI KHALEEMULLA @ BABU S/O PATEL ABDUL KHADAR SAB, DEAD BY HIS LRs. 1(a) SMT. SHANAJ BANU W/O LATE KHALEEMULLA, AGED ABOUT 43 YEARS, HOUSEHOLD, 1(b) KUM. SHASHIRA BANU D/O LATE KHALEEMULLA, AGED ABOUT 22 YEARS, 1(c) SRI DADAPEER S/O LATE KHALEEMULLA, AGED ABOUT 19 YEARS, STUDENT, 1(d) KUM. THASEENA D/O LATE KHALEEMULLA, AGED ABOUT 18 YEARS, ALL ARE R/O BASAVAPATNA, CHANNAGIRI TALUK, DAVANGERE DISTRICT-577213. 2. SRI GAJAMFERALI S/O PATEL ABDUL KHADAR, AGED ABOUT 49 YEARS, - 3 - HC-KAR NC: 2026:KHC:14997 RSA No. 948 of 2010 1ST CROSS, BASHANAGAR, DAVANGERE-577001. 3. SMT. RAZIYABI W/O MUJAWAR HUSSAIN SAB, AGED ABOUT 61 YEARS, HOSHALLI VILLAGE, HONNALI TALUK, DAVANGERE DISTRICT-577217. 4. SMT. GOHARJAN W/O SHEIK AHMED, AGED ABOUT 56 YEARS, 1ST MAIN, 13TH CROSS, AZADNAGAR, DAVANGERE-577001. 5. SMT. KHALIDA BANU W/O ANWAR SAB, C/O MEEYAN SAB, MAJOR, MADAKARI PALYA, URGUDA POST, SHIMOGA-577201. 6. SRI. KHABIR S/O SYED PEER SAB, AGED ABOUT 24 YEARS, 7. KUM. SAHERA BANU D/O SYED PEER SAB, AGED ABOUT 26 YEARS, 8. KUM. WAHIDA BANU D/O SYED PEER SAB, AGED ABOUT 26 YEARS, RESPONDENT NOS.6 TO R-8 ARE R/O CHINNIKATTE VILLAGE, HONNALI TALUK, DAVANGERE DISTRICT-577217. 9. SMT. SAMSHEEDA BANU W/O MUKTHIYARALI, AGED ABOUT 34 YEARS, 1ST MAIN, 5TH CROSS, TIPPU NAGAR, SHIMOGA-577201. - 4 - HC-KAR NC: 2026:KHC:14997 RSA No. 948 of 2010 10. SMT. KASHMIDA BANU W/O SAN ULLA, C/O MUAWAR HUSSAIN SAB, AGED ABOUT 30 YEARS, HOSAHALLI, HONNALI TALUK, DAVANGERE DISTRICT-577217. 11. SMT. RESHMA D/O SYED AZEEZ, AGED ABOUT 34 YEARS, DEVARAHATTI VILLAGE, DAVANGERE TALUK-577001. 12. SRI MUJAHID S/O AZEEZ SAB, AGED ABOUT 28 YEARS, DEVARAHATTI VILLAGE, DAVANGERE TALUK-577001. 13. SMT. DYAMAMMA W/O GOLLARA HALAPPA, AGED ABOUT 56 YEARS, BASAVAPATNA, CHANNAGIRI TALUK, DAVANGERE DISTRICT-577213. …RESPONDENTS (BY SRI M.V. REVANASIDDAIAH, ADVOCATE FOR R-13; NOTICES TO R-1 (A & B), R-2 TO R-9, R-11 & R-12 ARE D/W V/O DATED 09.02.2012; NOTICE TO R-1(C) H/S V/O DATED 09.02.2012; NOTICES TO R-1(D) & R-10 ARE SERVED & UNREPRESENTED) THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 01.12.2009 PASSED IN R.A.NO.53/2007 ON THE FILE OF THE 1ST ADDL. DISTRICT & SESSIONS JUDGE, DAVANGERE, AND ALSO SET ASIDE THE JUDGMENT AND DECREE DATED 16.08.2007 PASSED IN O.S.NO.28/2004 ON THE FILE OF THE II ADDL. CIVIL JUDGE (JR.DN.) DAVANGERE. THIS APPEAL COMING ON FOR DISMISSAL, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA - 5 - HC-KAR NC: 2026:KHC:14997 RSA No. 948 of 2010 ORAL JUDGMENT There is no representation on behalf of the appellants. 2. This Court on 06.03.2026, noting the absence of the appellants’ counsel, directed the matter to be listed under the caption ‘dismissal’. 3. Today i.e., 12.03.2026, the appeal is listed under the caption “dismissal”, there is no representation on behalf of the appellants. 4. The Regular Second Appeal is of the year 2010. 5. It, therefore, appears that the appellants are not interested in prosecuting the appeal. Accordingly, the appeal is dismissed for non prosecution. Sd/- _____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 41