- 1 - HC-KAR NC: 2025:KHC-D:9962 RSA No. 5240 of 2009 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR SECOND APPEAL NO. 5240 OF 2009 (DEC/INJ) BETWEEN: SAVAKKA W/O. BASAPPA HINSAGATTI SINCE DEAD BY LRS SHIVAPPA S/O. BASAPPA HINSAGATTI AGE: 65 YEARS, OCC. AGRICULTURE, R/O. MUDENUR, TQ. RANEBENNUR. …APPELLANT (BY SRI. J.S. SHETTY, ADVOCATE) AND: 1. A) KENCHAWWA W/O. BEERAPPA GASTI, SINCE DEAD BY LRS, SIDDAPPA S/O. BEERAPPA GASTI AGE: 52 YEARS, OCC AGRICULTURE R/O. MUDENUR TQ. RANEBENNUR, DIST. HAVERI. B) SMT. GOURAWWA W/O. SIDDAPPA TOTAGER, AGE: 46 YEARS, OCC HOUSEHOLD, R/O. RATTIHALLI TQ. HIREKERUR, DIST. HAVERI. C) SMT. KAMALAWWA W/O. NINGAPPA SANNAMALLAPUR AGE: 42 YEARS, OCC. HOUSEHOLD, R/O. MEDLERI TQ. RANEBENNUR, DIST. HAVERI. D) SMT. DURGAWWA W/O. TIPPANNA DEVAJJER @ HOSAKURUBAR AGE. 37 YEARS, OCC. HOUSEHOLD, R/O. TURNUR, TQ. JAGALUR, DIST. DAVANAGERE. …RESPONDENTS Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.11 10:45:51 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9962 RSA No. 5240 of 2009 (BY SRI. N.P. VIVEKMEHTA, ADVOCATE FOR R1 (B TO D); V/O. DATED 23.10.2024 APPEAL ABATED IN RESPECT OF R1(A)) THIS RSA IS FILED U/S. 100 OF CPC, AGAINST THE JUDGMENT & DECREE DATED:02/03/2009 PASSED IN R.A.NO:34/2004 ON THE FILE OF THE ADDL. CIVIL JUDGE(SR.DN) AT RANEBENNUR, DISMISSING THE APPEAL UNDER ORDER 41 RULE 1 OF CPC, AND CONFIRMING THE JUDGMENT AND DECREE DATED:31/01/2004 PASSED IN OS.NO.195/1968 ON THE FILE OF THE PRL. CIVIL JUDGE(JR.DN) RANEBENNUR, FILED SUIT FOR DECLARATION AND PERMANENT INJUNCTION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Learned counsel for the appellant and learned counsel for the respondents are present. Learned counsel for the appellant submits that the sole appellant-Savakka W/o Basappa Hinsagatti, passed away approximately two years ago. Accordingly, the appeal stands dismissed as abated. Sd/- (G BASAVARAJA) JUDGE AC CT-CMU LIST NO.: 1 SL NO.: 70