- 1 - HC-KAR NC: 2025:KHC-D:13646 RSA No. 100860 of 2015 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 8TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REGULAR SECOND APPEAL NO. 100860 OF 2015 (PAR) BETWEEN: 1. SHEKHAPPA S/O KALLAPPA MARKALLI, AGED ABOUT 75 YEARS, OCC. AGRICULTURE, R/O. DUDIHALLI, TQ. HIREKERUR, DIST. HAVERI-581110. 2. KALLAPPA S/O. KALLAPPA MARKALLI, AGED ABOUT 73 YEARS, OCC. AGRICULTURE, R/O. DUDIHALLI, TQ. HIREKERUR, DIST. HAVERI-581110. 3. KAREGOUDA S/O. CHANABASAPPA MARKALLI, AGED ABOUT 52 YEARS, OCC. AGRICULTURE, R/O. DUDIHALLI, TQ. HIREKERUR, DIST. HAVERI-581110. 4. CHANDRAPPA S/O. CHANNABASAPPA MARKALLI, AGED ABOUT 50 YEARS, OCC. AGRICULTURE, R/O. DUDIHALLI, TQ. HIREKERUR, DIST. HAVERI-581110. …APPELLANTS (BY SRI. S.G. KADADAKATTI, ADVOCATE) AND: 1. KALLAPPA S/O. SHIDDALINGAPPA MARKALLI, AGED ABOUT 72 YEARS, OCC. AGRICULTURE, R/O. DUDIHALLI, TQ. HIREKERUR, DIST. HAVERI-581110. 2. BHARAMAGOUDA S/O. SHIDLINGAPPA MARKALLI, AGED ABOUT 67 YEARS, OCC. AGRICULTURE, R/O. DUDIHALLI, TQ. HIREKERUR, DIST. HAVERI-581110. YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.10.09 10:03:00 +0530 - 2 - HC-KAR NC: 2025:KHC-D:13646 RSA No. 100860 of 2015 3. MAHADEVAPPA S/O SHIDLINGAPPA MARKALLI, AGED ABOUT 69 YEARS, OCC. AGRICULTURE, R/O. DUDIHALLI, TQ. HIREKERUR, DIST. HAVERI-581110. 4. KALLANAGOUDA S/O BHARAMAGOUDA MARKALLI, AGED ABOUT 57 YEARS, OCC. AGRICULTURE, R/O. DUDIHALLI, TQ. HIREKERUR, DIST. HAVERI-581110. 5. SUBHAS S/O KALLAPPA MARKALLI, AGED ABOUT 51 YEARS, OCC. AGRICULTURE, R/O. DUDIHALLI, TQ. HIREKERUR, DIST. HAVERI-581110. 6. PREMILA W/O RAJAPPA CHIKKAMAGADI, AGED ABOUT 54 YEARS, OCC. HOUSE MAKER, R/O. MUGALAKOPPA, TQ. SHIKARIPUR, DIST. SHIVAMOGGA-577427. 7. SUSHILA W/O GADIGEPPA KAVALERA, AGED ABOUT 54 YEARS, OCC. HOUSEMAKER, R/O. CHANNALLI, TQ. HIREKERUR, DIST. HAVERI-581110. 8. SHANTA W/O BASAVARAJ BARKI, AGED ABOUT 44 YEARS, OCC. HOUSE MAKER, R/O. DUDIHALLI, TQ. HIREKERUR, DIST. HAVERI-581110. …RESPONDENTS (BY SRI. LINGESH V. KATTEMANE, ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 R/W. ORDER 41 RULE 1 OF CPC, PRAYING TO CALL FOR RECORDS AND TO SET ASIDE THE JUDGMENT AND DECREE DATED 21.07.2015 PASSED BY THE COURT OF SENIOR CIVIL JUDGE AND JMFC., HIREKERUR, IN RA.NO.36/2012 AND THE JUDGMENT AND DECREE DATED 29.06.2012 PASSED BY THE COURT OF CIVIL JUDGE AND JMFC, HIREKERUR, IN O.S.NO.89/2007 AND TO DISMISS THE SUIT BY ALLOWING THIS APPEAL AND ETC. THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:13646 RSA No. 100860 of 2015 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C M JOSHI) It is noticed by this Court that by order dated 20.08.2024, the appeal against the appellants No.1 and 2 has abated. 2. The suit being one for partition and separate possession, after the abatement of the appeal as against the appellants No.1 and 2, the cause of action would not survive to continue the appeal in any way. The appellants No.1 and 2 were defendants No.1 and 2 before the Trial Court. Therefore, the appeal does not survive and hence, it abates in entirety. SD/- (C M JOSHI) JUDGE RKM Ct:pa LIST NO.: 1 SL NO.: 29