- 1 - HC-KAR NC: 2025:KHC-D:11615 RSA No. 100568 of 2014 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR SECOND APPEAL NO. 100568 OF 2014 (POS) BETWEEN: SHRI. HANUMANTH S/O. OMANNA POTE AGE: 68 YEARS, OCC: AGRICULTURE, R/O. SANTI BASTWAD, TQ AND DIST: BELGAUM-590001. …APPELLANT (BY SRI. RAVIRAJ C. PATIL, ADVOCATE) AND: 1. SMT. AVALABAI W/O. YALLAPPA POTE AGE: 73 YEARS, OCC: HOUSEHOLD WORK R/O. SANTI BASTWAD TQ AND DIST: BELGAUM-590001. 2. SHRI NAGESH S/O. YALLAPPA POTE AGE: 53 YEARS, OCC: AGRICULTURE R/O. SANTI BASTWAD, TQ AND DIST: BELGAUM-590001. 3. MANOHAR S/O. YALLAPPA POTE AGE: 51 YEARS, OCC: AGRICULTURE R/O. SANTI BASTWAD, TQ AND DIST: BELGAUM-590001. 4. NARAYAN S/O. YALLAPPA POTE AGE: 48 YEARS, OCC: AGRICULTURE R/O. SANTI BASTWAD, TQ AND DIST: BELGAUM-590001. Digitally signed by CHANABASAPPA K KALLUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.09.11 16:12:43 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11615 RSA No. 100568 of 2014 5. GANAPATI S/O. YALLAPPA POTE AGE: 46 YEARS, OCC: AGRICULTURE R/O. SANTI BASTWAD, TQ AND DIST: BELGAUM-590001. 6. BABU S/O. YALLAPPA POTE AGE: 44 YEARS, OCC: AGRICULTURE R/O. SANTI BASTWAD, TQ AND DIST: BELGAUM-590001. 7. SHRI OMANNA S/O. YALLAPPA POTE AGE: 42 YEARS, OCC: AGRICULTURE R/O. SANTI BASTWAD, TQ AND DIST: BELGAUM-590001. 8. SHRI MANIK S/O. YALLAPPA POTE AGE: 40 YEARS, OCC: AGRICULTURE R/O. SANTI BASTWAD, TQ AND DIST: BELGAUM-590001. 9. SMT. SHANTA W/O. PAPPU N. PATIL AGE: 43 YEARS, OCC: HOUSEHOLD WORK, R/O. ZAFARWADI, TQ AND DIST: BELGAUM. 10. SHRI ANAND S/O. CHANDRU NAIK AGE: 78 YEARS, OCC: AGRICULTURE R/O. SANTI BASTWAD, TQ AND DIST: BELGAUM-590001. 11. SHRI GUNDU S/O. CHANDRU NAIK AGE: 76 YEARS, OCC: AGRICULTURE R/O. SANTI BASTWAD, TQ AND DIST: BELGAUM-590001. 12. SHRI LAXMAN S/O. CHANDRU NAIK AGE: 74 YEARS, OCC: AGRICULTURE R/O. SANTI BASTWAD, TQ AND DIST: BELGAUM-590001. - 3 - HC-KAR NC: 2025:KHC-D:11615 RSA No. 100568 of 2014 13. SHRI NARASHIMMA S/O. CHANDRU NAIK AGE: 72 YEARS, OCC: AGRICULTURE R/O. SANTI BASTWAD, TQ AND DIST: BELGAUM-590001. 14. KRISHNA S/O. CHANDRU NAIK AGE: MAJOR, OCC: AGRICULTURE R/O. SANTI BASTWAD, TQ AND DIST: BELGAUM-590001. …RESPONDENTS (BY SRI. S.B. DEYANNAVAR, ADVOCATE FOR R11, R12 & R14; SRI. V.M. SHEELVANT, ADVOCATE FOR R1, R3 AND R5; SRI. S.C. BHUTI, ADVOCATE FOR R2, R4 AND R6 TO R9; R10 TO R13-ABATED) THIS RSA IS FILED U/S.100 OF CPC, PRAYING THE JUDGMENT & DECREE DATED:24.07.2014 PASSED IN R.A.NO.56/2011 ON THE FILE OF THE III ADDL. SENIOR CIVIL JUDGE, BELGAUM, ALLOWING THE APPEAL, FILED AGAINST THE JUDGMENT AND DECREE DATED:09.03.2011 AND THE DECREE PASSED IN O.S. NO.244/2006 ON THE FILE OF THE IV ADDL. CIVIL JUDGE & JMFC., BELGAUM, DECREEING THE SUIT FILED FOR POSSESSION. THIS APPEAL, COMING ON FOR ARGUMENTS, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:11615 RSA No. 100568 of 2014 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) 1. Learned counsel for the appellant and learned counsel for the respondent are present. 2. Learned counsel for the appellant seeks time. 3. This Court, by order dated 19.08.2025, has observed as under: Learned counsel Sri S.C.Bhuti, appearing for respondents No.2, 4 and 6 to 8 filed a memo dated 19.08.2025 reporting the death of respondents No.1, 3 and 5, who died on 31.07.2022, 08.08.2019 and 09.03.2025 respectively. 2. Notice issued to respondents No.10 and 13 returned with postal shara dated 08.10.2015 as ‘expired’. Since after lapse of 10 years, the appellant has not taken steps to bring the legal heirs of respondents No.10 and 13 on record, the appeal against respondents No.10 and 13 is abated. 3. List this matter on 03.09.2025 to hear on maintainability of the appeal. 4. Learned counsel for the respondents strongly opposes the adjournment on the ground that the appeal is - 5 - HC-KAR NC: 2025:KHC-D:11615 RSA No. 100568 of 2014 not maintainable, as the appeal against respondent Nos.1, 3, 5, 10, and 13 has already abated nearly ten years ago. 5. In the absence of the legal representatives of deceased respondent Nos.1, 3, 5, 10, and 13, the appeal is not maintainable. Hence, the appeal is dismissed. Sd/- (G BASAVARAJA) JUDGE AC Ct-cmu LIST NO.: 1 SL NO.: 57