- 1 - NC: 2025:KHC-D:1290 RSA No. 5250 of 2008 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO. 5250 OF 2008 (PAR-) BETWEEN: 1. GANGAVVA W/O. BASAYYA PATANSHETTY HIREMATH, OCC: HOUSEHOLD, R/O: HANAGAL, DIST: HAVERI. 2. SMT. PARWATEVVA W/O. VEERAYYA BALIGAR, AGE: 48 YEARS, OCC: HOUSEHOLD, R/O: NAVALUR, TQ & DIST: DHARWAD. …APPELLANTS (BY SRI. B V SOMAPUR AND SRI. V B KANAVI, ADVOCATES) AND: 1. SOMAYYA S/O. NIJAGUNAYYA HONGALMATH AGE: MAJOR, OCC: AGRIL, 2. SMT. CHANNABASAVVA W/O. VEERAYYA HONGALMATH, AGE: 40 YEARS, OCC: HOUSEHOLD, 3. KUMARI. MALLAVVA D/O. VEERAYYA HONGALMATH, AGE: 19 YERS, OCC: HOUSEHOLD, 4. KUMARI. MANJAVVA D/O. VEERAYYA HONGALMATH, AGE: 17 YEARS, OCC: HOUSEHOLD V N BADIGER Digitally signed by V N BADIGER Date: 2025.01.28 11:20:48 +0530 - 2 - NC: 2025:KHC-D:1290 RSA No. 5250 of 2008 5. CHANNABASAYYA S/O. VEERAYYA HONGALMATH, AGE: 15 YEARS 6. MALLAYYA S/O. VEERAYYA HONGALMATH AGE: 13 YEARS RESPONDENTS 4, 5 AND 6 BEING MINOR SREPRESENTED BY THEIR NATURAL MOTHER RESPONDENT NO. 2 SMT. CHANNABASAVVA W/O. VEERAYYA HONGALMAT ALL RESPONDENTS ARE R/AT. GAVANKOPPA VILLAGE, TQ & DIST: DHARWAD. …RESPONDENTS (BY SRI. ANAD KUMAR A. MAGADUM, A P MURARI & SMT. ARCHANA A. MAGADUM, ADVOCATE; R2 & R3 ARE SERVED UNREPRESENTED; R4, R5 & R6 ARE MINOR REPRESENTED BY R2) -------- THIS RSA IS FILED UNDER SECTION 100 OF CPC., PRAYING TO THE IMPUGNED JUDGMENT AND DECREE PASSED BY THE LEARNED PRINCIPAL DISTRICT JUDGE AND IN CHARGE PRESIDING OFFICER FAST TRACT COURT NO.1 DHARWAD IN R.A.NO.4/01 DATED 22.09.2008 MAY PLEASE BE SET ASIDE AND FURTHER SETTING ASIDE THE JUDGMENT AND DECREE PASSED BY THE LEARNED II ND ADDL. CIVIL JUDGE (SR.DN), DHARWAD IN O.S.NO.153/1992 DATED 25.10.2000. THE SUIT OF THE PLAINTIFFS BE DECREED AS PRAYED BY THEM IN THE SAID SUIT AND COST OF THIS APPEAL AND ENTIRE PROCEEDINGS BE GRANTED TO THE APPELLANTS-PLAINTIFFS. THIS APPEAL COMING ON FOR FURTHER HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING: - 3 - NC: 2025:KHC-D:1290 RSA No. 5250 of 2008 CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL JUDGMENT It is submitted by both the learned counsel appearing for the respondent No.1 that the appellants are no more. Hence, the appeal stands abated. Sd/- (E.S.INDIRESH) JUDGE YAN CT:ANB List No.: 1 Sl No.: 40