- 1 - HC-KAR NC: 2025:KHC-D:13852 RSA No. 925 of 2008 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REGULAR SECOND APPEAL NO.925 OF 2008 (INJ) BETWEEN: 1. SMT. SHOBHA W/O. BASAVARAJ BETADUR, AGE: 34 YEARS, R/O. HORAKERI ONI, SAVANUR, DIST. HAVERI-581118. 2. LAXMAVVA D/O. BASAVARAJ BETADUR, AGE: 11 YEARS, MINOR REP.BY THEIR MOTHER AND NATURAL GUARDIAN, SMT. SHOBHA W/O. BASAVARAJ BETADUR, AGE: 34 YEARS, R/O. HORAKERI ONI, SAVANUR, DIST. HAVERI-581118. 3. MANJAVVA D/O. BASAVARAJ BETADUR, AGE: 10 YEARS, MINOR REP.BY THEIR MOTHER AND NATURAL GUARDIAN, SMT. SHOBHA W/O. BASAVARAJ BETADUR, AGE: 34 YEARS, R/O. HORAKERI ONI, SAVANUR, DIST. HAVERI-581118. …APPELLANTS (BY SRI. J.S. SHETTY, ADVOCATE) YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.10.16 10:47:43 +0530 - 2 - HC-KAR NC: 2025:KHC-D:13852 RSA No. 925 of 2008 AND: 1. SHIVAPPA S/O. RUDRAPPA GANJGATTI, @ KONANAKERI, AGE: MAJOR, R/O. HORKERI ONI, SAVANUR, DIST. HAVERI-581118. 2. SMT. CHANNABASAVVA W/O. BUDAPPA BETADUR, AGE: 62 YEARS, OCC. HOUSEHOLD, R/O. HORAKERI ONI, SAVANUR, DIST. HAVERI-581118. …RESPONDENTS (R1-ABATED; R2-HELD SUFFICIENT) THIS RSA IS FILED UNDER SECTION 100 R/W. ORDER CPC, PRAYING THAT THE JUDGMENT AND DECREE DATED 08.07.2002, IN O.S.NO.91/1998, PASSED BY THE CIVIL JUDGE (JUNIOR DIVISION) AND JMFC, SAVANUR, CONFIRMED BY THE JUDGMENT AND DECREE DATED 26.02.2008, PASSED BY THE CIVIL JUDGE (SENIOR DIVISION) HAVERI IN R.A.NO.51/2002, MAY KINDLY BE SET ASIDE AND THE SUIT O.S.NO.91/98, MAY KINDLY BE DECREED WITH COST, BY ALLOWING THIS APPEAL IN THE ENDS OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:13852 RSA No. 925 of 2008 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C M JOSHI) It is noticed that by virtue of the order dated 27.05.2024, the appeal as against respondent No.1 is dismissed as having abated. 2. Respondent No.2 happens to be the legal heirs of another legal representative of the deceased plaintiff. Therefore, the cause of action as against respondent No.2 would not survive. In the result, the appeal does not survive and as such the same is dismissed. SD/- (C M JOSHI) JUDGE SSP Ct:pa LIST NO.: 1 SL NO.: 55