- 1 - RSA No. 100338 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF SEPTEMBER, 2022 BEFORE THE HON'BLE MR JUSTICE RAVI V.HOSMANI REGULAR SECOND APPEAL NO. 100338 OF 2018 (DEC/INJ) BETWEEN: NAGAPPA S/O. SHANKRAPPA NANDIHALLI AGE:63 YEARS, OCC:AGRICULTURIST, R/O. BULLAPUR VILLAGE, TQ:HIREKERUR, DIST:HAVERI. …APPELLANT (BY SRI. NAGANGOUDA R.KUPPELUR, ADVOCATE) AND: BHEMAPPA S/O. NAGAPPA NANDIHALLI AGE:78 YEARS, OCC:AGRICULTURIST, R/O. BULLAPUR VILLAGE, TQ:HIREKERUR, DIST:HAVERI. …RESPONDENT (BY SRI. UMESH C.AINAPUR, ADVOCATE) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE, 1908, AGAINST THE JUDGMENT AND DECREE DATED 08.11.2017 PASSED IN R.A.NO.75/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C., HIREKERUR, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 05.10.2015 PASSED IN O.S. NO.123/2007 ON THE FILE OF THE ADDL.CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, HIREKERUR, PARTLY DECREEING THE SUIT FILED FOR DECLARATION AND INJUNCTION. - 2 - RSA No. 100338 of 2018 THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: ORDER Learned counsel for appellant submits that he has received instructions that sole respondent died about one year ago. Since steps are not taken, appeal is dismissed as abated. SD JUDGE CLK List No.: 1 Sl No.: 32