- 1 - HC-KAR NC: 2025:KHC-D:11379 RSA No. 100288 of 2017 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 04TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR SECOND APPEAL NO. 100288 OF 2017 (DEC) BETWEEN: 1. YAMANAPPA S/O HANAMAPPA MAJJAGI AGE: 66 YEARS, OCC: AGRICULTURE, R/O: KADIMATTI, TQ: AND DIST: BAGALKOTE. 2. ASHOK S/O HANAMAPPA MAJJAGI AGE: 49 YEARS, OCC: SERVICE, R/O: KADIMATTI, TQ: AND DIST: BAGALKOTE. …APPELLANTS (BY SRI MRUTYUNJAYA S HALLIKERI, ADVOCATE.) AND: SMT.CHANNAMMA W/O. MALIYAPPA KALLIGUDDA AGE: 54 YEARS, OCC: HOUSEHOLD WORK, R/O: HUVANUR, TQ: HUNGUND, NOW AT SIGGAON, TQ: HAVERI. …RESPONDENT (BY SRI N L BATAKURKI, ADVOCATE.) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 05.11.2016, PASSED IN R.A.NO.16/2015, ON THE FILE OF I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, BAGALKOT AND THE JUDGMENT AND DECREE DATED 20.06.2015, PASSED IN O.S.NO.282/2011, ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, BAGALKOT, BY ALLOWING THIS APPEAL, AND ETC.,. CHANABASAPPA K KALLUR Digitally signed by CHANABASAPPA K KALLUR Date: 2025.09.09 10:54:19 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11379 RSA No. 100288 of 2017 THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Learned counsel for the appellants has filed a memo dated 04.09.2025, in which it is stated as under: “It is submitted that, the appellants were not responsive in giving instructions for conducting the case, in order to seek necessary instructions for proceeding further in the matter, I had issued notices dated 13.08.2025 to both the appellants. However, the said notices have returned with postal endorsements stating that the addressees are deceased. In view of the same, the appeal may be disposed of as abated in the interest of justice and equity. The copies of the notices along with the postal endorsements are herewith produced along with this memo for the kind perusal of this Hon’ble Court.” 2. Copy of the notice dated 13.08.2025 and RPAD postal covers reveal that the postal covers returned with shara ‘deceased’. - 3 - HC-KAR NC: 2025:KHC-D:11379 RSA No. 100288 of 2017 3. Therefore, in view of the memo, the appeal is dismissed as abated. Sd/- (G BASAVARAJA) JUDGE MRK CT: CMU List No.: 1 Sl No.: 42