- 1 - HC-KAR NC: 2026:KHC-D:1457 RFA No. 100422 of 2017 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO REGULAR FIRST APPEAL NO. 100422 OF 2017 (DEC/INJ) BETWEEN: 1. HANUMANTAPPA @ HONNAPPA DYAMAPPA WADDAR AGE: 57 YEARS, OCC. AGRICULTURE, 2. BASAVARAJ @ CHANDRAPPA DYAMAPPA WADDAR AGE: 54 YEARS, OCC. AGRICULTURE, 3. BHIMAWWA W/O DYAMAPPA WADDAR AGE: 71 YEARS, OCC. HOUSEHOLD, APP.NO.1 TO 3 ARE RESIDENT OF TADAS, TQ. BYADAGI, DIST. HAVERI-581110. 4. KAMALAWWA @ HANUMAWWA W/O SHIVAPPA KHANAVALI AGE:40 YEARS, OCC. AGRICULTURE, 5. HONNAVVA W/O IRAPPA HAVERI AGE:26 YEARS, OCC. HOUSEHOLD, APP.NO. 5 & 6 ARE RESIDENT OF KERUDI, TQ. BYADAGI, DIST. HAVERI-581110. …APPELLANTS (SRI. HANUMANTAPPA, APPELLANT-ABSENT) Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:1457 RFA No. 100422 of 2017 AND: 1. PUTTAWWA D/O DYAMAPPA SHIDENUR (PUTTAWWA W/O DYAMAPPA WADDAR) FALSELY CLAIMING HERSELF AS SECOND WIFE AGE:70 YEARS, OCC. HOUSEHOLD, R/O KERUDI, PRESENTLY AT KERUDI, TQ. BYADAGI, DIST. HAVERI-581110. 2. DODDAHANUMANTAPPA MOOKHAPPA WADDAR AGE: 85 YEARS, OCC. AGRICULTURE, R/O TADAS, TQ. BYADAGI, DIST. HAVERI-581110. …RESPONDENTS (R1- HELD SUFFICIENT; R2- APPEAL ABATED (V/O DATED 23.08.2023) THIS RFA IS FILED UNDER SECTION 96 OF CPC., PRAYING TO MODIFY THE JUDGMENT AND DECREE PASSED ON 31.07.2017 BY SENIOR CIVIL JUDGE AND JMFC, BYADGI IN OS NO.139/2012 BY DECREEING THE SUIT OF THE PLAINTIFFS, IN THE ENDS OF JUSTICE AND EQUITY. 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:1457 RFA No. 100422 of 2017 ORAL ORDER On 01.07.2025, the memo for retirement filed by learned counsel Sri. M.H. Patil, appearing for the appellants, was accepted and he was permitted to retire from the case, and Court notice was issued to the appellants. Today, the service reports of the Court notice have been received from the Senior Civil Judge and JMFC, Byadgi, showing that the notices were duly served personally on the appellants on 24.07.2025. In view of this, it appears that the appellants are not interested in prosecuting the appeal. Accordingly, the appeal is dismissed for non-prosecution. Sd/- (DR.K.MANMADHA RAO) JUDGE RSH, CT:VP LIST NO.: 1 SL NO.: 3