- 1 - HC-KAR NC: 2025:KHC-D:9327 RFA No. 100141 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI REGULAR FIRST APPEAL NO. 100141 OF 2018 (PAR) BETWEEN: 1. MUDIGOUDA S/O CHANNAVERAGOUDA PURAVANTAGOUDAR, AGE: 46 YEARS, OCC: AGRICULTURE, R/O. CHIKKABASUR, TQ: BYADAGI, DIST: HAVERI-581110. …APPELLANT (BY SRIYUTHS. M.H. PATIL AND HARSHAWARDHAN M PATIL, ADVS FOR APPELLANT) AND: 1. KUM. NAYANA D/O MUDIGOUDA PURUVANTAGOUDAR. AGE: 17 YEARS, OCC: STUDENT, R/O. CHIKKABASUR TQ: BYADAGI, DIST: HAVERI-581110 SINCE MINOR R/BY HER NATURAL MOTHER RESPONDENT NO.2, SARVAMANGALA W/O MUDIGOUDA PURAVANTAGOUDAR. 2. SARVAMANGALA W/O MUDIGOUDA PURAVANTAGOUDAR, AGE: 37 YEARS OCC: HOUSEHOLD, R/O. CHIKKABASUR TQ: BYADAGI, DIST: HAVERI-581110. …RESPONDENTS (BY SRI. S.N. BANAKAR, ADV FOR R1, R1 IS MINOR R/BY R2,) THIS RFA IS FILED U/SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 12.02.2018 PASSED IN O.S. NO.85/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, BYADGI, PARTLY DECREEING THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION. MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.08.01 11:36:57 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9327 RFA No. 100141 of 2018 THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) 1. The learned counsel for the appellant filed a memo stating that a notice had been sent to the appellant requesting certain documents related to the appeal. However, the notice was returned with an endorsement “party deceased.” The appellant is the sole appellant in the matter. Hence, it is submitted that the appeal stands abated. 2. The memo is taken on record. 3. As the respondents are the legal heirs of the deceased appellant, in view of the appellant’s death, nothing survives for consideration in this appeal. 4. Accordingly, the appeal is dismissed. - 3 - HC-KAR NC: 2025:KHC-D:9327 RFA No. 100141 of 2018 5. In view of the dismissal of the appeal, I.A.No.1/2018 does not survive for consideration. Accordingly, I.A.No.1/2018 is disposed of. Sd/- (ASHOK S. KINAGI) JUDGE RHR/- CT: BSB List No.: 1 Sl No.: 5