- 1 - HC-KAR NC: 2025:KHC-D:11156 RSA No. 5715 of 2010 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR SECOND APPEAL NO. 5715 OF 2010 (DEC/INJ) BETWEEN: 1. SMT. AMEERABI, W/O. BASAVANNEPPA BAKKASAD AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O: SHIRAHATTI, TQ. SHIRAHATTI, DIST. GADAG-582120. 2. NARAGAJ, S/O. BASAVANNEPPA BAKKASAD, AGE: MAJOR, OCC: AGRICULTURE AND HOUSEHOLD WORK, R/O: SHIRAHATTI, TQ. SHIRAHATTI, DIST. GADAG-582120. 3. SHIVANAND, S/O. BASAVANNEPPA BAKKASAD, AGE: MAJOR, OCC: AGRICULTURE AND HOUSEHOLD WORK, R/O: SHIRAHATTI, TQ. SHIRAHATTI, DIST. GADAG-582120. 4. SHAKUNTALA, D/O. BASAVANNEPPA BAKKASAD, AGE: MAJOR, OCC: AGRICULTURE AND HOUSEHOLD WORK, R/O: SHIRAHATTI, TQ. SHIRAHATTI, DIST. GADAG. …APPELLANTS (BY SRI. J.S. SHETTY, ADVOCATE) CHANABASAPPA K KALLUR Digitally signed by CHANABASAPPA K KALLUR Date: 2025.09.09 10:54:21 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11156 RSA No. 5715 of 2010 AND: 1. HALAPPA S/O. DHOOLAPPA BAKKASAD, AGE: MAJOR, R/O: SHIRAHATTI, TQ. SHIRAHATTI, DIST. GADAG-582120. 2. SMT. SHANTAWWA W/O. NINGAPPA MATTI, AGE: MAJOR, R/O: SHIRAHATTI, TQ. SHIRAHATTI, DIST. GADAG-582120. 3. SMT. NAGAWWA W/O. AYYAPPA TUPPAD, AGE: MAJOR, R/O: GADAG, NEAR BHOOMARADDI CIRCLE, GADAG-582120. …RESPONDENTS (NOTICE TO RESPONDENT NO.1 -SERVED; APPEAL AGAINST RESPONDENT NO.2-ABATED) THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING THAT, JUDGMENT AND DECREE DATED 21.06.2010 PASSED BY THE ADDL. SENIOR CIVIL JUDGE DIVISION LAXMESHWAR IN RA.NO.94/2005 BY REVERSING THE JUDGMENT AND DECREE DATED 26.07.2005, PASSED IN O.S.NO.20/1995 PASSED BY THE CIVIL JUDGE (JUNIOR DIVISION) AND JMFC, LAXMESHWAR, BE SET ASIDE BY ALLOWING THIS APPEAL AND DECREEING THE SUIT IN ENTIRETY WITH COST THROUGHOUT, IN THE ENDS OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Plaintiffs have filed suit in O.S.no.20/1995 for partition and separate possession before the Civil Judge (Jr.Dn.) and JMFC, - 3 - HC-KAR NC: 2025:KHC-D:11156 RSA No. 5715 of 2010 Laxmeshwar (for short, ‘the trial Court’). Same was decreed on 26.07.2005. Being aggrieved by the Judgment and Decree passed by the trial Court, the defendants have preferred the appeal in R.A.No.94/2005 before the Additional Senior Civil Judge, Laxmeshwar (for short, ‘the first appellate Court’), which came to be allowed and the suit of the plaintiffs came to be dismissed. Being aggrieved by the Judgment and Decree passed by the first appellate Court, plaintiffs have filed this regular second appeal. 2. Memo dated 02.09.2025 is filed by the learned counsel for appellants that appellant No.1-Smt.Ameerabai Basavanneppa Bakkasad died on 02.10.2020 and her children appellant Nos.2 to 4, who are the legal representatives are already on record. The memo dated 02.09.2025 filed by the learned counsel for appellants is placed on record and appellants No.2 to 4 are treated as legal heirs of deceased-appellant No.1. 3. Appellants have not taken any steps to bring the legal heirs of deceased-respondents No.2 and 3. Hence no purpose - 4 - HC-KAR NC: 2025:KHC-D:11156 RSA No. 5715 of 2010 would be served in proceeding with the matter in respect of respondents No.2 and 3. Accordingly appeal is dismissed. Sd/- (G BASAVARAJA) JUDGE CKK Ct-cmu LIST NO.: 1 SL NO.: 3