Sangappa S/O Giriyappa Saravari vs Vithal S/O Ramanna Saravari
2025 Latest Caselaw 9334 Kant

Karnataka High Court

Sangappa S/O Giriyappa Saravari vs Vithal S/O Ramanna Saravari on 23 October, 2025

                                                          -1-
                                                                      NC: 2025:KHC-D:14205
                                                                      RSA No. 5370 of 2009


                           HC-KAR




                         IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
                               DATED THIS THE 23RD DAY OF OCTOBER, 2025
                                                   BEFORE
                                  THE HON'BLE MR. JUSTICE C M JOSHI
                       REGULAR SECOND APPEAL NO. 5370 OF 2009 (DEC/INJ)
                          BETWEEN:
                          1.     SANGAPPA S/O. GIRIYAPPA SARAVARI,
                                 AGE: 40 YEARS, OCC. AGRICULTURE, R/O. BILAGI.

                          2.     LAXMAN S/O. KARIYAPPA SARAVARI,
                                 AGE: 22 YEARS, OCC. AGRICULTURE, R/O. BILAGI.
                           3.    YAMANAPPA S/O. KARIYAPPA SARAVARI,
                                 SINCE DECEASED BY HIS LRS.,
                          3A.    SMT. SHANTAVVA W/O. YAMANAPPA SARAVARI,
                                 AGE: 55 YEARS, OCC. AGRICULTURE, R/O. BILAGI.

                          3B.    MALLESH S/O. YAMANAPPA SARAVARI,
                                 AGE: 30 YEARS, OCC. AGRICULTURE, R/O. BILAGI.

                          3C.    KARIYAPPA S/O. YAMANAPPA SARAVARI,
                                 AGE: 25 YEARS, OCC. AGRICULTURE, R/O. BILAGI.

                          3D.    SMT. HANAMAVVA W/O. MAHADEVAPPA VADEYAR
                                 AGE: 27 YEARS, OCC. AGRICULTURE,
                                 R/O. MUGALKHOD, TQ. MUDHOL.
YASHAVANT
NARAYANKAR                3E.    SMT. LAXMIBAI W/O. PARASHURAM JAMBAGI,
                                 AGE: 22 YEARS, OCC. AGRICULTURE,
 Digitally signed by
 YASHAVANT                       R/O. AINAPUR, TQ. ATHANI, DIST. BELAGAVI.
 NARAYANKAR
 Date: 2025.10.27                                                                ...APPELLANTS
 10:44:18 +0530
                          (BY SRI. PRABHAKAR A. KULKARNI, ADVOCATE)
                          AND:

                          VITHAL S/O. RAMANNA SARAVARI,
                          AGE: 22 YEARS, OCC. STUDENT & AGRICULTURE, R/O. BILAGI
                                                                             ...RESPONDENT
                          (BY SRI. GIRISH A. YADAWAD, ADVOCATE)
                                THIS RSA IS FILED UNDER SECTION 100 R/W. ORDER 41 RULE 1
                          OF CPC., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED
                          30.03.2009 PASSED BY THE FAST TRACK COURT-II IN R.A.NO.89/2008
                          CONFIRMING THE JUDGMENT AND DECREE DATED 01.08.2008 PASSED
                          BY THE CIVIL JUDGE (SR.DN.) COURT BILAGI, IN O.S.NO.324/2005 IN
                          THE INTEREST OF JUSTICE AND EQUITY.
                                        -2-
                                                  NC: 2025:KHC-D:14205
                                                  RSA No. 5370 of 2009


 HC-KAR




     THIS APPEAL, COMING ON FOR FINAL HEARING THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

                               ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE C M JOSHI)

Learned counsel for the respondent is present.

From perusal of the records, it is evident that there is no

representation on 07.06.2024, 27.06.2024, 18.07.2024,

30.08.2025, 03.09.2025 and 17.09.2025. Despite this Court

granting adjournment suo-moto, no appearance is made on

behalf of the appellants. In that view of the matter, it appears

that the appellants are not at all interested in prosecuting the

appeal and therefore, the appeal is dismissed for

non-prosecution.

SD/-

(C M JOSHI) JUDGE

RKM CT:PA