- 1 - HC-KAR NC: 2025:KHC-D:15310 RSA No. 5084 of 2013 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REGULAR SECOND APPEAL NO. 5084 OF 2013 (INJ) BETWEEN: NAGAPPA GANAPAYYA NAIK, AGE: 73 YEARS, OCC. AGRICULTURIST CUM PENSIONER, R/O. GUDEANGADI, TQ. KUMTA-581343. …APPELLANT (BY SRI. J.S. SHETTY, ADVOCATE) AND: 1. U.F.M. UMESH KRISHNA HARIKANTRA, AGE: 40 YEARS, OCC. FISHERMAN, R/O. GUDEANGADI, TQ. KUMTA-581343. 2. KESHU S/O. RAMA HARIKANTRA, AGED ABOUT 41 YEARS, OCC. FISHERMAN, R/O. GUDEANGADI, TQ. KUMTA-581343. 3. SMT. TIMMU W/O. BEERAPPA HARIKANTRA, AGE: 38 YEARS, OCC. FISHERWOMAN, R/O. HOLANGADDE, TQ. KUMTA-581343. 4. SRI. RAMESH S/O. RAMA HARIKANTRA, AGE: 36 YEARS, OCC. FISHERMAN, R/O. GUDEANGADI, TQ. KUMTA-581343. DIST. UTTARA KANNADA. 5. SMT. SUKRI W/O. MANJUNATH HARIKANTRA, AGE: 33 YEARS, OCC. FISHERWOMAN, R/O. HALDIPUR, TQ. HONNAVAR-581343, DIST. UTTARA KANNADA. 6. KAMALAKAR S/O. RAMA HARIKANTRA, AGE: 31 YEARS, OCC. FISHERMAN, YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.11.12 10:43:07 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15310 RSA No. 5084 of 2013 R/O. GUDEANGADI, TQ. KUMTA-581343. DIST. UTTARA KANNADA. 7. SMT. SUMITRA W/O. TUKARAM HARIKANTRA, AGE: 29 YEARS, OCC. FISHERWOMAN, R/O. MUDAGA, AMDALLI, TQ. KARWAR-581343, DIST. UTTARA KANNADA. 8. SMT. AMMA COM DEVU HARIKANTRA, AGE: 62 YEARS, R/O. GUDEANGADI, TQ. KUMTA-581343. DIST. UTTARA KANNADA. 9. SMT. MASTI RAMA HARIKANTRA AGE: 53 YEARS, R/O. AGANASHINI, TQ. KUMTA-581343, DIST. UTTARA KANNADA. 10. PARAMESHWARI TUKARAM HARIKANTRA, AGE: 51 YEARS, OCC. FISHERMAN, R/O. GUDKAGAL, TQ. KUMTA-581343. DIST. UTTARA KANNADA. 11. SRI. BUDDU DEVE HARIKANTRA, AGED ABOUT 49 YEARS, OCC. FISHERMAN, R/O. GUDEANGADI, KUMTA-581343, DIST. UTTARA KANNADA. 12. SHANKAR PARAMESHWAR HARIKANTRA, AGE: 44 YEARS, OCC. FISHERMAN, R/O. GUDEANGADI, TQ. KUMTA-581343. DIST. UTTARA KANNADA. …RESPONDENTS (BY SRI. SANGRAM S. KULKARNI, ADVOCATE FOR R1 AND R11; R2, R3, R4, R6, R9 AND R10-NOTICE SERVED; R5-APPEAL STANDS DISMISSED; R8 AND R12-APPEAL ABATES) THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO THE JUDGMENT AND DECREE DATED 31.05.2012 PASSED IN R.A.NO.154/2006 BY THE SENIOR CIVIL JUDGE, KUMTA AND JUDGMENT AND DECREE DATED 27.09.2002 PASSED BY THE CIVIL JUDGE JUNIOR DIVISION, KUMTA IN O.S.NO.4/1992, MAY KINDLY BE SET ASIDE, BY ALLOWING THIS RSA, WITH COST THROUGH OUT, IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - HC-KAR NC: 2025:KHC-D:15310 RSA No. 5084 of 2013 THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C M JOSHI) Learned counsel appearing for the appellant submits that the sole appellant has died during the pendency of this appeal and his legal heirs have continued in possession of the suit property. The submission that the legal heirs of the deceased appellant have continued in possession has been objected by the learned counsel for the respondents. Since the suit was for injunction and it was a relief in personam, if the appellant has died, such cause of action would not survive as against the legal heirs of the appellants. 2. In that view of the matter, the appeal is dismissed as infructuous and therefore, without prejudice to the contention taken up by the respondents that the legal heirs of the appellant are not in possession, the appeal is disposed off as abated. 3. All contentions are kept open. - 4 - HC-KAR NC: 2025:KHC-D:15310 RSA No. 5084 of 2013 4. Pending interlocutory applications are disposed of. SD/- (C M JOSHI) JUDGE SSP CT:PA LIST NO.: 1 SL NO.: 2