- 1 - HC-KAR NC: 2025:KHC-D:8307-DB RFA No. 100324 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE R.NATARAJ AND THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO.100324 OF 2022 (PAR/POS) BETWEEN: SRI. SATISH LAXMAN KALE AGE: 63 YEARS, OCC. SERVICE, R/O. NO.724, S.V.ROAD, TILAKWADI, BELAGAVI-590006. REPRESENTED BY GPA HOLDER SHRI PARASHARAM BALARAM BELGAONKAR, AGE: 60 YEARS, OCC. BUSINESS, R/O. 566, ANVEKAR CHAWL, TILAKWADI, BELAGAVI. …APPELLANT (BY SRI. AKSHAY KATTI AND SRI. ANAND ASHTEKAR, ADVOCATES) AND: 1. SRI. SADASHIV LAXMAN KALE AGE: 77 YEARS, OCC.RETIRED, R/O. SASANE NAGAR, BEHIND ITI COLLEGE, KOLHAPUR-416001. YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD Date: 2025.07.04 14:19:00 +0530 - 2 - HC-KAR NC: 2025:KHC-D:8307-DB RFA No. 100324 of 2022 2. SRI. SUHAS LAXMAN KALE AGE: 69 YEARS, OCC. RETIRED, R/O. SUWARNAREKHA SOCIETY, SINHAGAD ROAD, PUNE-411024. 3. SRI. SULBHA SURESH KHASINIS AGE: 66 YEARS, OCC. HOUSEHOLD WORK, R/O. G3, KRISTAL OLIVINE, AT POST: BELLANDUR, BENGALURU-560103. …RESPONDENTS (BY SRI. TEJPAL A. KAMALA, ADVOCATE FOR R1 TO R3) THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 OF CPC., 1908, PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE JUDGMENT AND DECREE DATED 26.02.2021 PASSED IN O.S.NO.57/2018 BY THE IV ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, BELAGAVI, AND DISMISS THE SAID SUIT, IN THE ENDS OF JUSTICE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE R.NATARAJ AND THE HON'BLE MR. JUSTICE RAJESH RAI K - 3 - HC-KAR NC: 2025:KHC-D:8307-DB RFA No. 100324 of 2022 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE R.NATARAJ) Learned counsel for the appellant was intimated about the death of respondent No.1 on 12.03.2025. However, steps are not taken till date. Hence, the appeal against respondent No.1 is abated. Consequently, the entire appeal abates and accordingly, it is disposed of as having abated. SD/- (R.NATARAJ) JUDGE SD/- (RAJESH RAI K) JUDGE PJ/Ct:pa LIST NO.: 1 SL NO.: 3