- 1 - NC: 2025:KHC-K:1859 RSA No. 7262 of 2012 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR SECOND APPEAL NO. 7262 OF 2012 BETWEEN: KAMALABAI @ PREMABAI W/O SIDRAMAPPA PATTAR OCC: AGRICULTURE, R/O NIDONI, TQ. & DIST. BIJAPUR-586101 …APPELLANT (BY SRI. B.K.HIREMATH, ADVOCATE) AND: MALLANAGOUDA S/O RAYANAGOUDA BIRDAR OCC: AGRICULTURE, R/O NIDONI, TQ. & DIST. BIJAPUR-586101 …RESPONDENT (RESPONDENT-SERVED) THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 08.07.2010 PASSED IN R.A.NO.189/2005 ON THE FILE OF THE FAST TRACK COURT-I, AT BIJAPUR, WHEREIN, THE APPEAL WAS DISMISSED AND THE JUDGMENT AND DECREE DATED 06.07.2004 PASSED IN O.S.NO.349/1995 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE (JR. DN.) AND JMFC, AT BIJAPUR WAS CONFIRMED. Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1859 RSA No. 7262 of 2012 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) 1. It is submitted that, the sole respondent has died during the pendency of the first appeal itself. He was respondent before the first appellate Court and was defendant before the trial Court. 2. Both, the suit before the trial Court as well the appeal before the first appellate Court, were dismissed. 3. Under these circumstances, the appeal is dismissed as abated. Sd/- (ANANT RAMANATH HEGDE) JUDGE Svh/- List No.: 1 Sl No.: 8