- 1 - HC-KAR NC: 2025:KHC-D:14340 RSA No. 5572 of 2012 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REGULAR SECOND APPEAL NO. 5572 OF 2012 (PAR) BETWEEN: SRI. HEMADREPPA S/O. LATE GUNDAPPA KAMMAR, AGE: 64 YEARS, OCC: AGRICULTURE AND CARPENTER, R/O. BISARALLI VILLAGE, TQ. AND DIST. KOPPAL-583204. …APPELLANT (BY SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE) AND: 1. SRI. KRISHNAPPA S/O. LATE MAHARUDRAPPA KAMMAR, AGE: 50 YEARS, OCC. AGRICULTURIST, 2. SMT. SHEKUNTALAMMA W/O. LATE KALLAPPA KAMMAR, AGE: 62 YEARS, OCC. HOUSEWIFE, 3. SMT. KOUSHALAMMA W/O. LATE CHIDANANDAPPA PATTAR, AGE: 44 YEARS, OCC. BUSINESS, 4. SRI. PRABHUDEVA S/O. LATE KALLAPPA KAMMAR, AGE: 42 YEARS, OCC. AGRICULTURIST AND CARPENTER, 5. SRI. GUNDAPPA S/O. LATE KALLAPPA KAMMAR AGE: 38 YEARS, AGRICULTURIST AND CARPENTER, 6. SMT. HEMAVATHI YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.10.28 11:25:48 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14340 RSA No. 5572 of 2012 W/O. RAMANNA KAMMAR. AGE: 38 YEARS, OCC: HOUSEWIFE, 7. SMT. SHANTAMMA W/O. LATE SHEKARAPPA KAMMAR, AGE: 67 YEARS, OCC: HOUSEWIFE, 8. SRI. MARITHAMMAPPA S/O. LATE SHEKARAPPA KAMMAR AGE: 42 YEARS, OCC: CARPENTER, SINCE DECEASED VIDE ORDER DATED 02.07.2020 AND 24.10.2024, R8 AD R9 ARE TREATED AS LRS OF R7. 9. RAGHU S/O. LATE SHEKARAPPA KAMMAR AGE: 38 YEARS, OCC: CARPENTER, ALL ARE: R/O. BISRALLI, TQ AND DIST: KOPPAL-583204. …RESPONDENTS (BY SRI. D.M. KULKARNI, ADVOCATE FOR C/R1; R2, R3, R4, R5, R6, R8, R9-NOTICE SERVED) THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 14.12.2011 IN R.A.NO.33/2011 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AT KOPPAL AND RESTORE THE JUDGMENT AND DECREE DATED 03.06.2011 IN O.S.NO.129/2009 PASSED BY THE LEARNED CIVIL JUDGE AT KOPPAL, BY ALLOWING THE ABOVE APPEAL WITH COSTS, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:14340 RSA No. 5572 of 2012 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C M JOSHI) It is submitted that the sole appellant has died. Submission is placed on record and the appeal stands abated. SD/- (C M JOSHI) JUDGE YAN CT:PA LIST NO.: 1 SL NO.: 16