- 1 - HC-KAR NC: 2025:KHC-D:12148 RSA No. 5788 of 2011 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR SECOND APPEAL NO. 5788 OF 2011 (PAR/POS) BETWEEN: SHRISHAIL S/O. HANAMANT PADENNAVAR, AGE: 50 YEARS, OCC: R/O. HUNNUR VILLAGE, TQ. JAMKHANDI, DIST. BAGALKOT-587301. …APPELLANT (BY SRI. VITTHAL S. TELI, ADVOCATE) AND: 1. SMT. YELLAMMA W/O. BALSHEKHAR PADENNAVAR, AGE: 58 YEARS, OCC: HOUSEHOLD WORK, R/O: NO.1447/C-I, 3RD MAIN, 8TH CROSS, SUBRAMANYA NAGAR, BANGALORE-560021. 2. SMT. RUKMINI W/O. DHARNESH AGE: 35 YEARS, OCC: HOUSEWIFE, R/O. NO. 1447/C-I 3RD MAIN, 8TH CROSS, SUBRAMANYA NAGAR, BANGALORE-560021. 3. NAGRAJ S/O. BALASHEKHAR PADENNAVAR, AGE: 33 YEARS, OCC: HOUSEHOLD WORK, R/O. NO.1447/C-I 3RD MAIN, 8TH CROSS, SUBRAMANYA NAGAR, BANGALORE-560021. MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.09.19 15:12:43 +0530 - 2 - HC-KAR NC: 2025:KHC-D:12148 RSA No. 5788 of 2011 4. SMT. YENKAVVA W/O. RAMANAGOUDA GOUDAR, AGE: 73 YEARS, OCC: RETIRED TEACHER, R/O. KONNUR S BUILDING, NEAR KEB BOARD, ILAKL, TQ. HUNGUND, DIST. BAGALKOT. 5. SARASWATI W/O. BALAPPA TUNGAL, AGE: 58 YEARS, OCC: HOUSEHOLD, R/O. ANUGRAH NILAY, VINAYAK NAGAR, VISHWESHWARAIAH BADAVANE, HOSKOTE, BANGALORE(RURAL)-562114. …RESPONDENTS (BY SRI. MRUTYUNJAY TATA BANGI, ADVOCATE FOR R1 TO R3; R4 AND R5- SERVICE HELD SUFFICIENT; R1-APPEAL STANDS ABATED) THIS RSA IS FILED U/S. 100 OF CPC., PRAYING TO SET ASIDE THE JUDGMENT & DECREE DATED:23-04-2011 PASSED IN R.A.NO.12/2009 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT, JAMKHANDI, DISMISSING THE APPEAL, FILED AGAINST THE JUDGMENT DATED:17-12-2008 AND THE DECREE PASSED IN O.S.NO.26-2001 ON THE FILE OF THE PRL. CIVIL JUDGE(SR.DN.) JAMKHANDI, ALLOWING THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:12148 RSA No. 5788 of 2011 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) As per the order dated 12.11.2024, this Court held that the appeal stands abated as against respondent No.1. Since respondent No.1 had died long back and, in the absence of the legal representatives of respondent No.1, the appeal is not maintainable. Hence, the appeal is dismissed. Sd/- (G BASAVARAJA) JUDGE AC CT-CMU LIST NO.: 1 SL NO.: 71