- 1 - HC-KAR NC: 2025:KHC-D:16111-DB RFA No. 100038 of 2019 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI REGULAR FIRST APPEAL NO. 100038 OF 2019 (PAR) BETWEEN: 1. SOMALINGAPPA S/O. REVANASHIDDAPPA NAYANEGALI, AGE: 65 YEARS, OCC: RETIRED PENSIONER, R/O: BAGALKOT-587101. 2. SIDDALINGAPPA S/O. REVANASHIDDAPPA NAYANEGALI, SINCE DIED, APPEAL ABATES AS AGAINST APPELLANT NO.2. &APPELLANTS (BY SRI. S.B.HEBBALLI, ADVOCATE) AND: 1. MALLIKARJUN S/O. REVANASIDDAPPA NAYANEGALI, AGE: 59 YEARS, OCC: EXECUTIVE ENGINEER IN BAGALKOT TOWN DEVELOPMENT AUTHORITY, R/O. SECTOR NO.55, PLOT NO.E-12, NAVANAGAR, BAGALKOT-587101. 2. KASHIBAI W/O. SHIVAMURTEPPA NALAWAD, AGE: 61 YEARS, OCC: HOUSEHOLD WORK, R/O: SADASHIV NAGAR, NEAR GOURISHANKAR TEMPLE, NGO QUARTERS, GADAG ROAD, KOPPAL. &RESPONDENTS (BY SRI. SHIVARAJ S.BALLOLI, ADVOCATE) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 24.09.2018 PASSED IN O.S.NO.151/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, AT BAGALKOT DISMISSING THE SUIT FILED FOR PARTITION AND ETC. THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.25 09:58:26 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16111-DB RFA No. 100038 of 2019 CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI ORAL ORDER (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) This appeal has been dismissed as against appellant No.2 vide order dated 19.06.2025. However, we find that this is an appeal arising out of a suit for partition. 2. Having regard to the recent judgment of the Hon9ble Apex Court in the case of SURESH CHANDRA (DECEASED) THROUGH LRS AND OTHERS VS PARASRAM & OTHERS (2025 INSC 873), the appeal not only abated against the deceased appellant, but also against all the appellants. 3. In that view of the matter, the Regular First Appeal stands dismissed as abated. Sd/- (R.DEVDAS) JUDGE Sd/- (B. MURALIDHARA PAI) JUDGE MBS Ct:vh List No.: 1 Sl No.: 2