- 1 - HC-KAR NC: 2025:KHC-D:10402 RSA No. 5352 of 2009 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR SECOND APPEAL NO. 5352 OF 2009 (INJ) BETWEEN: BASAVANTAPPA S/O. HANAMANTAPPA KADAM AGE: 74 YEARS, OCC: AGRICULTURE, R/O: KANKUR VILLAGE, TQ AND DIST: DHARWAD. …APPELLANT (BY SRI. K.L. PATIL & SRI. S.S. BETURMATH, ADVOCATES) AND: RAMESH, S/O. MAHADEVAPPA KADAM AGE: 31 YEARS, OCC: MASON, R/O. KANKUR VILLAGE, TQ AND DIST: DHARWAD. …RESPONDENT (BY SRI. MADANMOHAN M. KHANNUR AND SRI. N.P. VIVEKMEHTA, ADVOCATE) THIS RSA IS FILED U/S 100 OF CPC, PRAYING TO ALLOW AND SET ASIDE THE JUDGMENT AND DECREE DATED: 07/3/2009 IN R.A.NO.41/2007 ON THE FILE OF THE I ADDL CIVIL JUDGE (SD.DN.) AND CJM DHARWAD, DISMISSING THE APPEAL AGAINST JUDGMENT AND DECREE DATED:10/4/2007 IN O.S.NO.336/2006 PASSED BY THE I ADDL CIVIL JUDGE (JD.DN.) AND JMFC, DHARWAD DECREEING THE SUIT FILED FOR PERMANENT INJUNCTION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.20 10:42:44 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10402 RSA No. 5352 of 2009 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) It is submitted by the learned counsel for the respondent that the sole appellant died on 26.08.2019. In this regard, a memo has already been filed in the office. In view of the death of the sole appellant, the appeal stands abated. Sd/- (G BASAVARAJA) JUDGE AC LIST NO.: 1 SL NO.: 74