- 1 - HC-KAR NC: 2025:KHC-D:7286 RSA No. 1432 of 2008 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL REGULAR SECOND APPEAL NO.1432 OF 2008 (PAR) BETWEEN: SHRI HANAMANT S/O. BHIMAPPA MALED, AGE: 46 YEARS, OCC: AGRIL., AND SERVICE, R/O: SANGANKERI – 591 307, TQ: GOKAK, DIST: BELGAVI. …APPELLANT (BY SRI. B. S. KAMATE, ADVOCATE) AND: SHRI. FAKEERAPPA S/O. BHIMAPPA MAARAGUPPI, SINCE DECEASED BY LRS., 1. BHIMAPPA S/O. FAKEERAPPA MASAGUPPI, AGE:48 YEARS, OCC: AGRICULTURE, R/O: ARABAHVI – 591 307, TQ: GOKAK, DIST: BELAGAVI. 2. LAXMAN S/O. FAKEERAPPA MASAGUPPI, AGE:43 YEARS, OCC: AGRICULTURE, R/O: ARABAHVI – 591 307, TQ: GOKAK, DIST: BELAGAVI. 3. RAMAPPA S/O. FAKEERAPPA MASAGUPPI, AGE:43 YEARS, OCC: AGRICULTURE, R/O: ARABAHVI – 591 307, TQ: GOKAK, DIST: BELAGAVI. …RESPONDENTS (SERVICE REPORT OF COURT NOTICE IN RESPECT OF R1, R2, R3 SERVICE OF NOTICE IS SUFFICIENT) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF C.P.C PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND DECREE DATED 05.04.2008 PASSED BY THE LEARNED PRL. CIVIL JUDGE (SR.DN.) GOKAK IN R.A.NO.84/2006 AND THE JUDGMENT AND DECREE 14.09.2005 PASSED BY THE LEARNED PRL. CIVIL JUDGE (JR. DN.) GOKAK IN O.S.NO.331/2003 AND FURTHER THE SUIT O.S.NO.331/2003 FILED BY THE APPELLANT/PLAINTIFF MAY KINDLY BE DECREED IN ITS ENTIRETY AS PRAYED FOR BY ALLOWING THIS R.S.A WITH COSTS IN THE INTEREST OF JUSTICE. Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:7286 RSA No. 1432 of 2008 THIS APPEAL, COMING ON FOR ORDERS THIS DAY ORDER WAS MADE THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL) Learned counsel for the appellant submits that sole appellant had passed away on 11.08.2023. No legal representatives have been brought on record. Appeal stands abated with liberty to revive. Sd/- (M.G.S. KAMAL) JUDGE VMB CT-ASC List No.: 1 Sl No.: 6