- 1 - HC-KAR NC: 2025:KHC-D:14960-DB RFA No. 100402 of 2020 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 4TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI R.F.A. NO.100402 OF 2020 (PAR/POS) BETWEEN: 1. SMT. GIRIJA W/O. SURESHCHANDRA KUDACHIMATH, AGE: 71 YEARS, OCC: HOUSEHOLD WORK, R/O. LAXMI NAGAR, DHARWAD-580001. 2. SMT. NAGARATNA W/O. SHASHIDHAR CHULAKIMATH, AGE: 64 YEARS, OCC: HOUSEHOLD WORK, R/O. NEAR VANITHA SEVA SAMAJ, DHARWAD-580001. - APPELLANTS (BY SRI. ANIL KALE, ADVOCATE; APPEAL AGAINST APPELLANT NO.1-ABATED) AND: DRAKSHAYANI, W/O. SHIVALINGAYYA HUNSHIKATTI HIREMATH, (SINCE DECEASED HER LRS ARE APPELLANT NO.1, 2 AND DECEASED DEFENDANT NO.2 WHO IS DEAD HIS LRS ARE ON RECORD AS RESPONDENT NO.1 TO 5) MRUTYUNJAYA S/O. SHIVALINGAYYA HUNSHIKATTI HIREMATH, SINCE DECEASED BY LRS. 1. SMT. SHARADA W/O. MRUTYUNJAYA HUNASHIKATTI HIREMATH, AGE: 65 YEARS, OCC: HOUSEHOLD WORK, R/O. HOSAYELLAPURA, DHARWAD-580001. 2. SRI. SHIVALINGAYYA S/O. MRUTYUNJAYA HUNASHIKATTI HIREMATH, AGE: 42 YEARS, OCC: PRIVATE WORK, R/O. HOSAYELLAPURA, DHARWAD-580001. VINAYAKA B V Digitally signed by VINAYAKA B V Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.05 10:09:41 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14960-DB RFA No. 100402 of 2020 3. SRI. RAKESH S/O. MRUTYUNJAYA HUNASHIKATTI HIREMATH, AGE: 38 YEARS, OCC: PRIVATE WORK, R/O. HOSAYELLAPURA, DHARWAD–580001. 4. SRI. VINAYCHANDRA S/O. MRUTYUNJAYA HUNASHIKATTI HIREMATH, AGE: 36 YEARS, OCC: PRIVATE WORK, R/O. HOSAYELLAPURA, DHARWAD-580001. 5. SMT. LALITHA W/O. SIVAKUMAR SALIMATH, AGE: 40 YEARS, OCC: HOUSEHOLD WORK, R/O. HOSAYELLAPURA, DHARWAD-580001. 6. SHRI SIDDAPPA S/O. NINGAPPA PUJARI, AGE: 64 YEARS, OCC: AGRICULTURE, R/O. “SAI SADAN”, 2ND CROSS, SHAMBAVI COLONY, GANDHI NAGAR, DHARWAD-580001. 7. SRI. ABDUL AJIJ S/O. ABDULSAMAD AMBORA, AGE: 50 YEARS, OCC: AGRICULTURE & BUSINESS, R/O. BANKAPUR, TQ. SHIGGAON, DIST. HAVERI-581110. 8. SRI. SIDDAPPA S/O. TAVANAPPA TADAS, AGE: 87 YEARS, OCC: AGRICULTURE, R/O. SHUKRAVARPETH, HOSA ONI, DHARWAD-580001. - RESPONDENTS (BY SRI. C. R. CHIKKAMATH, ADV. FOR R1 TO R5; SRI. RAJA RAGHAVENDRA NAIK AND SRI. BASAVARAJ G. PUJAR, ADV. FOR R1 TO R4; SRI. GURUDEV GACHCHINAMATH, ADV. FOR R6; NOTICE TO R7 AND R8 ARE SERVED, BUT UNREPRESENTED) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CPC., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE IN O.S. NO.265/2015 PASSED BY THE II ADDL. SENIOR CIVIL JUDGE AND JMFC, DHARWAD, DATED 11.02.2020 AND ETC. THIS REGULAR FIRST APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI - 3 - HC-KAR NC: 2025:KHC-D:14960-DB RFA No. 100402 of 2020 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) Learned counsel for the appellants has filed a memo dated 04.11.2025 stating that the appellant No.1 has died during the pendency of this appeal and the learned counsel tried to secure instructions from the appellant No.2 regarding the legal representatives of appellant No.1, but no instructions are forthcoming. Learned counsel submits that appellant No.2 has lost interest in the matter. The memo is taken on record subject to all just exceptions. Having regard to the submission made by the learned counsel for the appellant and in view of the statement made in the memo, the appeal stands dismissed as abated not only against appellant No.1 but also against appellant No.2. Sd/- (R.DEVDAS) JUDGE Sd/- (B. MURALIDHARA PAI) JUDGE BVV CT-AN / List No.: 1 Sl No.: 5