- 1 - HC-KAR NC: 2025:KHC-D:15951 RSA No. 5467 of 2011 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REGULAR SECOND APPEAL NO.5467 OF 2011 (SP) BETWEEN: SHRI CHANABASAPPA SIDRAMAPPA SANAGI AGE: 80 YEARS, OCC. AGRICULTURE, R/O. VIDYA NAGAR, BAILHONGAL, TQ. BAILHONGAL, DIST. BELAGAVI-591102. …APPELLANT (BY SRI. R.M. HIREMATH, ADVOCATE) AND: SHRI BASANAGOUDA GOUDAPPA CHIKKANGOUDAR SINCE DECEASED BY HIS LRS., 1. SMT. CHANNAWWA BASANAGOUDA CHIKKANGOUDAR, AGE: 53 YEARS, OCC. HOUSEHOLD WORK, R/O. VIDYA NAGAR, BAILHONGAL, TQ. BAILHONGAL, DIST. BELAGAVI-591102. 2. SMT. SHAKUNTALA D/O. BASANAGOUDA CHIKKANGOUDAR, AGE: 30 YEARS, OCC. SERVICE, R/O. JUDICIAL QUARTERS, BELLARY. 3. SHRI HANAMESH @ HARSHAVARDHAN S/O. BASANAGOUDA CHIKKANGOUDAR, AGE: 26 YEARS, OCC. PVT. SERVICE, R/O. VIDYA NAGAR, BAILHONGAL, TQ. BAILHONGAL, DIST. BELAGAVI-591102. YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.11.20 14:49:17 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15951 RSA No. 5467 of 2011 4. SHRI MARUTI ARJUN BEDAKAR AGE: 58 YEARS, OCC. COOLIE, R/O. BALAGUND, TQ. KHANAPUR, DIST. BELAGAVI-591302. 5. SHRI MARUTI NINGAPPA TIGADI AGE: 51 YEARS, OCC. AGRICULTURE, R/O. VIDYA NAGAR, TQ. BAILHONGAL, DIST. BELAGAVI-591102. …RESPONDENTS (BY SRI. SANTOSH B. RAWOOT, ADVOCATE AND SRI. A.D. SHILLEDAR, ADVOCATE FOR R1 TO R3) THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE PASSED BY THE CIVIL JUDGE (SR.DN.) BAILHONGAL AT BAILHONGAL IN R.A.NO.24/2005 DATED 18.02.2011 IN THE INTEREST OF JUSTICE AND EQUITY, BY ALLOWING THIS APPEAL WITH COSTS. FURTHER THE APPELLANT PRAYS THAT THIS HON’BLE COURT MAY BE PLEASED TO CONFIRM THE JUDGMENT AND DECREE PASSED BY PRINCIPAL CIVIL JUDGE (JR.DN.) BAILHONGAL, AT BAILHONGAL IN O.S.NO.141/1998 DATED 07.06.2005 IN SO FAR AS THE RELIEF OF SPECIFIC PERFORMANCE IS CONCERNED AND FURTHER TO PASS AN ORDER DISMISSING THE SUIT OF THE PLAINTIFF. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:15951 RSA No. 5467 of 2011 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C M JOSHI) Learned counsel appearing for the appellant submits that the sole appellant is died on 06.07.2020 and he has no instructions from the legal representatives. Hence, the appeal is dismissed as abated. SD/- (C M JOSHI) JUDGE RKM CT:PA LIST NO.: 1 SL NO.: 47