Gadigevva W/O. Shivaputra Budihal vs Jaipal S/O. Savantappa Patil
2025 Latest Caselaw 8405 Kant

Karnataka High Court

Gadigevva W/O. Shivaputra Budihal vs Jaipal S/O. Savantappa Patil on 15 September, 2025

                                                      -1-
                                                                   NC: 2025:KHC-D:12016
                                                               RSA No. 5713 of 2013


                          HC-KAR




                      IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
                       DATED THIS THE 15TH DAY OF SEPTEMBER, 2025
                                              BEFORE
                          THE HON'BLE MR. JUSTICE G BASAVARAJA
                      REGULAR SECOND APPEAL NO. 5713 OF 2013 (POS)
                          BETWEEN:

                          1.   GADIGEVVA W/O. SHIVAPUTRA BUDIHAL
                               AGE: 55 YEARS,
                               OCC: AGRICULTURE AND HOUSEHOLD WORK
                               R/O. H.NO.3, SY.NO.63, MAJGAON,
                               TQ AND DIST: BELGAUM.

                          1A. SMT. SEVANTA W/O. SHIVPUTRA BUDIHAL
                               AGE: 50 YEARS, OCC: HOUSEHOLD WORK,
                               R/O: CCB-49, 2ND CROSS KALMESHWAR NAGAR,
                               TAL AND DIST: BELAGAVI-590008.
                                                                       ...APPELLANT
                          (BY SRI. VISHWANATH B. SULTANPURI, ADVOCATE)

                          AND:

                          1.   SRI. JAIPAL S/O. SAVANTAPPA PATIL
Digitally signed by
MALLIKARJUN
                               AGE: 73 YEARS, OCC: AGRICULTURE
RUDRAYYA
KALMATH
Location: HIGH
                               R/O. MAJAGAON,
COURT OF
KARNATAKA
DHARWAD BENCH
Date: 2025.09.17
                               TQ AND DIST: BELGAUM - 591108.
12:57:54 +0530



                          2. MAHAVEER S/O. SAVANTAPPA PATIL
                             AGE: 67 YEARS, OCC: AGRICULTURE
                             R/O. MAJAGAON, TQ AND DIST: BELGAUM-591108.
                                                                   ...RESPONDENTS
                          (BY SRI. JAGADISH PATIL, ADVOCATE FOR R2;
                              R1-ABATED)

                                 THIS RSA IS FILED U/S.100 OF CPC, PRAYING THE
                          JUDGMENT     &   DECREE    DATED:03.07.2013       PASSED    IN
                          R.A.NO.197/2011 ON THE FILE OF THE V ADDL. DISTRICT
                                 -2-
                                           NC: 2025:KHC-D:12016
                                          RSA No. 5713 of 2013


HC-KAR




JUDGE, BELGAUM, DISMISSING THE APPEAL, FILED AGAINST
THE JUDGMENT AND DECREE DATED:23.04.2011 AND THE
DECREE PASSED IN O.S. NO.157/2007 ON THE FILE OF THE II
ADDL. SENIOR CIVIL JUDGE, BELGAUM, DECREEING THE SUIT
FILED FOR POSSESSION.


      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:


                           ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE G BASAVARAJA)

1. The case is called out.

2. There is no representation on behalf of the

appellants.

3. Learned counsel for the respondents is present.

4. The amendment has not been carried out as per

the order dated 29.08.2023. Thereafter, on several

occasions, the case was adjourned to enable the appellants

to carry out the amendment; however, the same has not

been done, nor has the cost of Rs.2,000/- been paid to the

Advocate Library Fund, High Court of Karnataka, Dharwad

Bench, Dharwad, as directed by order dated 11.09.2024.

NC: 2025:KHC-D:12016

HC-KAR

5. It appears that the appellants are not interested

in prosecuting the appeal. Hence, the appeal is dismissed

for default, and also for not taking steps as directed by this

Court.

Sd/-

(G BASAVARAJA) JUDGE

AC Ct-cmu