- 1 - HC-KAR NC: 2026:KHC-D:925 RFA No. 100239 of 2018 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO REGULAR FIRST APPEAL NO.100239 OF 2018 (PAR/DEC) BETWEEN: SHRI. PAVADEPPA S/O. ANNAPPA KHANAPURE AGE: 61 YEARS, OCC: AGRICULTURE & PENSIONER, R/O. NAGANUR-KM-591254, TALUKA:HUKKERI, DIST: BELAGAVI, THROUGH HIS PA HOLDER, SHRI SHANKAR S/O. GURUSIDD KAMATE, AGE:64 YEARS, OCC: AGRICULTURE, R/O. GOTUR-591221, TALUKA-HUKKERI, DIST: BELAGAVI. …APPELLANT (SRI. PAVADEPPA, APPELLANT-ABSENT) AND: 1. KUMAR KIRAN S/O. DUNDAPPA BANI AGE: 9 YEARS, OCC: STUDENT, 2. KUMAR BASAVARAJ S/O. DUNDAPPA BANI AGE: 7 YEARS, OCC: STUDENT, 3. KUMARI KOUSHALYA D/O. DUNDAPPA BANI AGE: 11 YEARS, OCC: STUDENT, RESPONDENTS 1 TO 3 BEING MINORS REPRESENTED BY THEIR MINOR GUARDIAN NATURAL MOTHER SMT. LAXMI W/O. DUNDAPPA BANI-R4 4. SMT. LAXMI W/O. DUNDAPPA BANI AGE: 31 YEARS, OCC: AGRICULTURE & HOUSEHOLD WORK, R/O. NAGANUR KM-591313, TALUKA-HUKERI, DISTRICT:BELAGAVI. Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:925 RFA No. 100239 of 2018 5. SHRI DUNDAPPA S/O. ISHWAR BANI AGE:39 YEARS, OCC: AGRICULTURE, R/O. NAGANUR KM-591313, TALUKA-HUKERI, DISTRICT:BELAGAVI. SHRI ISHWAR S/O. BASAPPA BANI SINCE DECEASED HIS LRS ARE ALREADY ON RECORD 6. SMT. KAMALAWWA W/O. ISHWAR BANI, AGE:69 YEARS, OCC: AGRICULTURE & HOUSEHOLD WORK, R/O. NAGANUR KM-591313, TALUKA-HUKERI, DISTRICT: BELAGAVI. …RESPONDENTS (BY SRI. ABHISHEK C. PATIL, ADVOCATE AND SRI. ANAND ASHTEKAR, ADVOCATE AND SRI. AKSHAY A. KATTI, ADVOCATE FOR R4; R5-SERVED; R6-SERVED; (R1 TO R3, MINORS R/BY R4) THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER XLI RULE 1 CPC, AGAINST THE JUDGMENT AND DECREE DATED 05.04.2018 PASSED IN O.S.NO.113/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE, AT HUKKERI, SITTING AT SANKESHWAR, PARTLY DECREEING THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION & ETC. THIS RFA COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE DR. JUSTICE K.MANMADHA RAO - 3 - HC-KAR NC: 2026:KHC-D:925 RFA No. 100239 of 2018 ORAL ORDER 1. There is no representation on behalf of the appellant, who is appearing as party-in-person. 2. It appears that the appellant’s counsel had filed a memo seeking retirement, which was accepted by this Court vide order dated 03.06.2025, permitting the counsel to retire from the case. Thereafter, as per the report of the Principal District and Sessions Judge, Belagavi dated 06.06.2025, the GPA holder is reported to have expired. 3. In view of the aforesaid circumstances, the appeal stands dismissed for non-prosecution. Sd/- (DR.K.MANMADHA RAO) JUDGE KGK, CT:VP LIST NO.: 1 SL NO.: 7