- 1 - HC-KAR NC: 2025:KHC-D:9341 RSA No. 5206 of 2008 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR SECOND APPEAL NO. 5206 OF 2008 (DEC/INJ) BETWEEN: 1. SMT. CHINNAWWA W/O. JINNAPPA TERAGAVI AGE. 70 YEARS, OCC. HOUSEHOLD AND AGRICULTURE, R/O. DEGAONI, TQ. BAILHONGAL, BELGAUM. 2. TIPPANNA JINNAPPA TERAGAVI AGE. 50 YEARS, OCC. AGRICULTURE, R/O. DEGAON, TQ. BAILHONGAL. DIST.BELGAUM. 3. BASAPPA JINNAPPA TERAGAVI SINCE DECEASED BY HIS LEGAL HEIRS, APPELLANT NO. 2 AND 4 TO 7 4. BAHUBALI JINNAPPA TERAGAVI AGE. 44 YEARS, OCC. AGRICULTURE, R/O. DEGAON, TQ.BAILHONGAL DIST. BELGAUM 5. RAJU JINNAPPA TERAGAVI AGE. 41 YEARS, OCC. AGRICULTURE, R/O. DEGAON, TQ. BAILHONGAL DIST. BELGAUM. 6. MAHAVEER JINNAPPA TERAGAVI AGE. 37 YEARS, OCC. AGRICULTURE R/O. DEGAON TQ. BAILHONGAL, DIST. BELGAUM. 7. SMT. SUVARNA W/O. BABU MALAGOUDAR AGE. 34 YEARS, OCC. HOUSEHOLD AND AGRICULTURE, R/O DEGAON, TQ. BAILHONGAL, DIST. BELGAUM. …APPELLANTS (BY SRI. H.M. DHARIGOND, ADVOCATE) Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.07.31 11:27:16 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9341 RSA No. 5206 of 2008 AND: 1. SHRI MUDAKAPPA RUDRAPPA DEGANOLLI SINCE DECEASED BY HIS LEGAL HEIRS R2 & 4 to R6 2. SHESHAPPA RUDRAPPA DEGANOLLI AGE. MAJOR, OCC. HOUSEHOLD AND AGRICULTURE, R/O. DEGAON TQ. BAILHONGAL, DIST. BELGAUM. 3. DEVENDRA RUDRAPPA DEGANOLLI SINCE DECEASED BY HIS HEIRS RESPONDENT NOS.2 AND 4 TO 6. 4. SHANTAPPA RUDRAPPA DEGANOLLI AGE. MAJOR, OCC. HOUSEHOLD AND AGRICULTURE, R/O. DEGAON, TQ. BAILHONGAL, DIST. BELGAUM. 5. PARISH RUDRAPPA DEGANOLLI AGE. MAJOR, OCC. HOUSEHOLD AND AGRICULTURE, R/O. DEGAON, TQ. BAILHONGAL, DIST. BELGAUM. 6. SHRIKANTH BHOMAPPA TERAGAVI AGE. MAJOR, OCC. HOUSEHOLD AND AGRICULTURE, R/O. DEGAON, TQ. BAILHONGAL, DIST. BELGAUM. …RESPONDENTS (BY SRI. LAXMAN T. MANTAGANI, ADVOCATE FOR R2, R4 AND R5; SRI. BHARATESH B. ALASANDI, ADVOCATE FOR R2 TO R5; NOTICE SERVED TO R6) THIS REGULAR SECOND APPEAL FILED U/S.100 OF CPC, AGAINST JUDGMENT AND DECREE DATED: 23/06/2008 PASSED IN R.A.NO.19/2003 ON THE FILE OF PRINCIPAL CIVIL JUDGE (SR.DN) BAILHONGAL, DISMISSING THE APPEAL FILED AGAINST THE JUDGMENT AND DECREE DATED: 8/4/2003 IN OS.NO.192/1995 ON THE FILE OF PRINCIPAL CIVIL JUDGE (JR.DN) BAILHONGAL FILED FOR DECLARATION, POSSESSION AND CONSEQUENTIAL RELIEF OF PERMANENT INJUNCTION. - 3 - HC-KAR NC: 2025:KHC-D:9341 RSA No. 5206 of 2008 THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Appellant’s Counsel absent. There is no representation on behalf of appellants. 2. Respondents Counsel present and submits that the appellant against appellants 1 and 5 stands abated as per order dated 21st October, 2024. The appeal against respondent No.2 also abated as per the said order. 3. The appellants who are the plaintiffs have filed the sit for declaration, possession and consequential relief of permanent injunction. The appellants have failed to bring legal representatives of deceased Appellants 1 and 5 and also failed to bring the legal representatives of deceased respondent No.2 on record. Considering the nature of the suit and in the absence of legal representatives of deceased appellants 1 and 5, so also legal representatives of deceased respondent No.2, the appeal is not maintainable. Hence, appeal stands dismissed. Sd/- (G BASAVARAJA) JUDGE lnn CT-CMU LIST NO.: 1 SL NO.: 43