- 1 - HC-KAR NC: 2025:KHC-D:15418-DB RFA No. 100412 of 2019 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF NOVEMBER 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI REGULAR FIRST APPEAL NO. 100412 OF 2019 (PAR/POS) BETWEEN: 1. SMT. ANNAPURNA W/O. SOMSHEKHAR BARKER, AGE: 33 YEARS, OCC: HOUSEHOLD, R/O. KURBAR ONI, HEBSUR VILLAGE, TQ: HUBBALLI-580021. 2. SMT. PARIPURNA W/O. SHRINIVAS HARAPANAHALLI, AGE: 30 YEARS, OCC: HOUSEHOLD, R/O. CRISTIAN COLONY, GHANTIKERI, HUBBALLI-580021. 3. SRI. MANJUNATH S/O. VIDYASAGAR BARKI (PUJAR), AGE: 28 YEARS, OCC: STUDENT, R/O. NEAR GOKUL LAST BUS STOP, GOKUL VILLAGE, TQ: HUBBALLI-580021. 4. KUMAR. VISHWANATH S/O. VIDYASAGAR BARKI (PUJAR), AGE: 27 YEARS, OCC: STUDENT, R/O. GOKUL, HUBBALLI-580021. 5. KUMARI. SUAVARNA D/O. SHEKHAR SUNAGAR, AGE: 18 YEARS. 6. KUMAR. SUSHEELKUMAR S/O. SHEKAR SUANGAR, AGE: 13 YEARS, MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.13 10:04:43 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15418-DB RFA No. 100412 of 2019 (BOTH ARE REPRESENTED BY SMT. PARIPURNA-APPELLANT NO.2, W/O. SHRINIVAS HARAPANAHALLI, AGE: 31 YEARS, OCC: HOUSEHOLD, R/O. CRISTIAN COLONY, GHANTIKERI HUBBALLI). …APPELLANTS (BY SRI. DINESH M.KULKARNI, ADVOCATE) AND: 1. SMT. LAKSHMI W/O. VIDYASAGAR BARKI (PUJAR), AGE: 57 YEARS, OCC: AGRICULTURAL AND HOUSEHOLD, R/O. NEAR LAST BUS STOP OF GOKUL, TQ. AND DIST: HUBBALLI-580021. SMT. INDRAVVA W/O. GOVINDAPPA BARKI, (SINCE DECEASED BY HER LR’s) 2. SRI. SUBHAS S/O. GOVINDAPPA BARKI (PUJAR), AGE: 63 YEARS, OCC: AGRICULTURE, R/O. GOKUL, TQ: HUBBALLI, DIST: DHARWAD-580001. 3. SRI. KRISHNAPPA S/O. GOVINDAPPA BARKI (PUJAR), AGE: 61 YEARS, OCC: AGRICULTURE, R/O. GOKUL, TQ: HUBBALLI, DIST: DHARWAD-580001. 4. SRI. NAGENDRAPPA S/O. GOVINDAPPA BARKI (PUJAR), AGE: 59 YEARS, OCC: AGRICULTURE, R/O. GOKUL, TQ: HUBBALLI, DIST: DHARWAD-580001. 5. SRI. SHANKRAPPA S/O. GOVINDAPPA BARKI (PUJAR), AGE: 57 YEARS, OCC: AGRICULTURE, - 3 - HC-KAR NC: 2025:KHC-D:15418-DB RFA No. 100412 of 2019 R/O. GOKUL, TQ: HUBBALLI, DIST: DHARWAD-580001. 6. SRI. MARUTI S/O. RAMARAYAPPA MANE, AGE: 52 YEARS, OCC: NOT KNOWN, R/O. NAGASHETTIKOPPA, HUBBALLI-580001. 7. SRI. SHANKRAPPA S/O. BASAPPA RONAD, AGE: MAJOR, OCC: NOT KNOWN, R/O. MJUGALIYAVAR ONI, KUSUGAL VILLAGE, TQ: HUBBALLI-580021. 8. SRI. K.PARTASARDIRAO S/O. SUBBARAYADU, AGE: 62 YEARS, OCC: AGRICULTURE, R/O. HOUSE NO.159, BASAVESHWAR NAGAR, GOKUL ROAD, HUBBALLI-580021. 9. SMT. K. NIRMALADEVI W/O. PARTASARADIRAO, AGE: 56 YEARS, OCC: AGRICULTURE, R/O. HOUSE NO.159, BASAVESHWAR NAGAR, GOKUL ROAD, HUBBALLI-580021. 10. GOVERNMENT OF KARNATAKA REPRESENTED BY D.C. DHARWAD-580001. 12. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, LAKKAMANAHALLI, DHARWAD-580001. 12. SRI. KUMAR S/O. GAVISIDDAPPA MANE, AGE: MAJOR, OCC: NOT KNOWN, R/O. NAGASHETTIKOPPA, HUBBALLI-580021. 13. SRI. SANJEEVAPPA S/O. GAVISDDAPPA MANE, AGE: MAJOR, OCC: NOT KNOWN, R/O. NAGASHETTIKOPPA, HUBBALLI-580001. 14. SRI. RAJAPPA S/O. GAVISIDDAPPA MANE, AGE: MAJOR, OCC: NOT KNOWN, R/O. NAGASHETTIKOPPA, HUBBALLI-580001. - 4 - HC-KAR NC: 2025:KHC-D:15418-DB RFA No. 100412 of 2019 15. SRI. RAMARAYAPPA S/O. GAVISIDDAPPA MANE, AGE: MAJOR, OCC: NOT KNOWN, R/O. NAGASHETTIKOPPA, HUBBALLI-580001. 16. SMT. TASANEEM W/O. MOHAMMED ISMAIL SAUNSHI, AGE: 52 YEARS, OCC: BUSINESS AND AGRICULTURE, R/O. MANNAT NO.1 CITY PARK, NEAR SHABARINAGAR, KUSUGAL ROAD, KESHWARPUR, HUBBALLI-580023, TQ: HUBBALLI, DIST: DHARWAD. …RESPONDENTS (BY SRI. SUDHINDRA V.KOPPAR, ADVS. FOR R8, R9 AND R16; SRI. P.N.HATTI, HCGP FOR R10; SRI. SHASHANK S.HEGDE AND SMT. PREETI SHASHANK, ADVOCATES FOR R11; NOTICE TO R1 TO R4, R12, R13 AND R15 IS SERVED BUT UNREPRESENTED; NOTICE TO R5, R7, R14 IS HELD SUFFICIENT; APPEAL AGAINST R6 IS ABATED) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 27.04.2019 PASSED IN O.S.NO.88/2012 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, HUBBALLI, PARTLY DECREEING THE SUIT FILED FOR PARTITION, SEPARATE POSSESSION, DECLARATION AND MANDATORY INJUNCTION AND ETC. THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI - 5 - HC-KAR NC: 2025:KHC-D:15418-DB RFA No. 100412 of 2019 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) Learned counsel for the appellants has filed a memo dated 08.09.2025 seeking leave of this court to retire from this matter. Learned counsel submits that though this appeal is abated as against respondent No.6 by order dated 29.07.2025 passed by this court, and the learned counsel sought for information regarding legal heirs of the deceased respondent No.6 from the appellants, no information is forthcoming from the appellants. Though several calls have been made, the appellants are not cooperating with the learned counsel. 2. Having regard to the recent judgment of the Hon’ble Apex Court in the case of SURESH CHANDRA (DECEASED) THROUGH LRS AND OTHERS VS PARASRAM & OTHERS (2025 INSC 873), this appeal arises out of a suit for partition and separate possession, not only abates - 6 - HC-KAR NC: 2025:KHC-D:15418-DB RFA No. 100412 of 2019 against respondent No.6, it abates against all the respondents also. 3. Further, having regard to the statement made by the learned counsel for the appellants, it is clear that the appellants are not interested in prosecuting the appeal. 4. Accordingly, the Regular First Appeal stands dismissed as abated. Sd/- (R.DEVDAS) JUDGE Sd/- (B. MURALIDHARA PAI) JUDGE MBS Ct:VH List No.: 1 Sl No.: 4