- 1 - NC: 2025:KHC:13855 RSA No. 363 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO. 363 OF 2015 (PAR) BETWEEN: 1. SMT SUNANDAMMA W/O LATE BILIGOWDA, AGED ABOUT 42 YEARS, 2. SRI ABINANDANA S/O LATE BILIGOWDA, AGED ABOUT 23 YEARS, 3. SRI ARJUN S/O LATE BILIGOWDA, AGED ABOUT 20 YEARS, ALL ARE R/AT GOWDAGERE VILLAGE, MALUR HOBLI, CHANNAPATTANA TALUK, CHANNAPATTANA-571 501 RAMANAGARA DISTRICT. …APPELLANTS (BY SRI. M PRABHAKAR, ADVOCATE - ABSENT) AND: 1. SMT GOWRAMMA W/O LATE CHIKKONU, AGED ABOUT 62 YEARS 2. SRI SHIVALINGEGOWDA S/O LATE ANANIKEMPEGOWDA AGED ABOUT 74 YEARS 3. SMT. CHIKKATHAYAMMA W/O BILIGOWDA AGED ABOUT 70 YEARS Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC:13855 RSA No. 363 of 2015 4. SRI BOREGOWDA S/O LATE ANANIKEMPEGOWDA, AGED ABOUT 69 YEARS 5. SMT. CHIKKALINGAMMA W/O MADEGOWDA, AGED ABOUT 64 YEARS 6. SRI GANGEGOWDA S/O LATE ANANIKEMPEGOWDA, AGED ABOUT 62 YEARS RESPONDENTS NO. 1 TO 6 ARE R/AT GOWDGERE VILLAGE MALUR HOBLI, CHANNAPATTANA TALUK CHANNAPATTANA-571 501 RAMANAGARA DISTRICT. 7. SMT. GANGAMMA W/O SIDDEGOWDA, AGED ABOUT 60 YEARS R/AT GOWDARALLY VILLAGE, HIRISAVE HOBLI, CHANNARAYAPATTANA TALUK HASSAN DISTIRCT-573124. …RESPONDENTS (BY SRI. G. NAGARAJA, ADV. FOR R1, V/O DATED 24/8/23 APPEAL AGAINST R3 TO R7 ARE DISMISSED, V/O DATED 19/3/25 APPEAL IS DISMISSED AS ABATED AGAINST R2.) THIS RSA IS FILED UNDER SEC.100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 07.11.2014 PASSED IN RA NO.45/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, CHANNAPATTNA, RAMANAGAR DISTRICT, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 22.06.2013 PASSED IN OS.NO.148/2009 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE & J.M.F.C., CHANNAPATNA. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE RAVI V HOSMANI - 3 - NC: 2025:KHC:13855 RSA No. 363 of 2015 ORAL JUDGMENT None appears. 2. It is seen that as per order dated 24.08.2023, appeal was dismissed against respondents no.3 to 7 for not taking steps and as abated against respondent no.2 as per order dated 19.03.2025. Appeal is by legal representatives of deceased defendant no.6. Since appeal against respondents no. 2 to 7 is dismissed and subject matter of suit is partition, wherein in case of failure to take steps against any of necessary parties, appeal would not survive, appeal is dismissed. 3. Since dismissal of appeal, pending I.As., if any, do not survive for consideration. Accordingly, same are disposed of. SD/- (RAVI V HOSMANI) JUDGE JS, List No.: 1 Sl No.: 23