- 1 - HC-KAR NC: 2025:KHC-D:10616 RSA No. 6102 of 2012 C/W RSA No. 6091 of 2012 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR SECOND APPEAL NO. 6102 OF 2012 (DEC/INJ) C/W REGULAR SECOND APPEAL NO. 6091 OF 2012 IN RSA NO.6102/2012 BETWEEN: BABU S/O. TIPPANNA BIRADAR PATIL, AGE: 68 YEARS, OCC: AGRICULTURE, R/O: HANAMAPUR-591 367, TALUK: ATHANI, DIST: BELGAUM. …APPELLANT (BY SRI. RAVI S. BALIKAI, ADVOCATE) AND: 1. BHIMAGOUDA AMAGOUDA PATIL, AGE: 68 YEARS OCC: AGRICULTURE, R/O: HANAMAPUR-591 367 TALUK: ATHANI, DIST: BELGAUM. 2. AMASIDDA AMAGOUDA PATIL, AGE: 63 YEARS, OCC: AGRICULTURE, R/O: HANAMAPUR-591 367 TALUK: ATHANI, DIST: BELGAUM. …RESPONDENTS (BY SRI. SANGRAM S KULKARNI, ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 OF THE CPC. 1908, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 28.06.2012 PASSED IN R.A.NO.10/2004, ON THE FILE OF THE COURT OF FAST TRACK, ATHANI, AND THE JUDGMENT AND DECREE DATED 22.01.2004 PASSED IN O.S.NO.356/1996, PASSED BY THE Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.22 14:33:01 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10616 RSA No. 6102 of 2012 C/W RSA No. 6091 of 2012 PRL. CIVIL JUDGE (JR.DN.) AND JMFC, ATHANI AND DECREE THE SUIT OF THE PLAINTIFF AS PRAYED FOR THE ALLOW THIS APPEAL WITH COSTS, IN THE INTEREST OF JUSTICE AND EQUITY. IN RSA NO.6091/2012 BETWEEN: BABU S/O. TIPPANNA BIRADAR PATIL, AGE: 68 YEARS, OCC: AGRICULTURE, R/O: HANAMAPUR-591 367, TALUK: ATHANI, DIST: BELGAUM. …APPELLANT (BY SRI. RAVI S. BALIKAI, ADVOCATE) AND: 1. BHIMAGOUDA AMAGOUDA PATIL, AGE: 68 YEARS, OCC: AGRICULTURE, R/O: HANAMAPUR-591 367 TALUK: ATHANI, DIST: BELGAUM. 2. AMASIDDA AMAGOUDA PATIL, AGE: 63 YEARS, OCC: AGRICULTURE, R/O: HANAMAPUR-591 367, TALUK: ATHANI, DIST: BELGAUM. …RESPONDENTS (BY SRI. SANGRAM S. KULKARNI, ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 OF THE CPC. 1908, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 28.06.2012 PASSED IN R.A.NO.09/2004, ON THE FILE OF THE COURT OF FAST TRACK, ATHANI, AND THE JUDGMENT AND DECREE DATED 22.01.2004 PASSED IN O.S.NO.324/1998, PASSED BY THE PRL. CIVIL JUDGE (JR.DN.) AND JMFC, ATHANI AND DECREE THE SUIT OF THE PLAINTIFF AS PRAYED FOR THE ALLOW THIS APPEAL WITH COSTS, IN THE INTEREST OF JUSTICE AND EQUITY. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:10616 RSA No. 6102 of 2012 C/W RSA No. 6091 of 2012 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Both side counsels are present. 2. Learned counsel for the appellant has not taken steps to bring the legal heirs of deceased-respondent No.2 on record and the appeal against respondent No.2 is already abated as per the order dated 28.02.2022. 3. In the absence of legal heirs of respondent No.2, the appeal against respondent No.1 is not maintainable. Hence, both appeals are dismissed. 4. Registry is directed to send a copy of this order along with TCR to the concerned Court. Sd/- (G BASAVARAJA) JUDGE CKK CT-CMU LIST NO.: 1 SL NO.: 29