- 1 - HC-KAR NC: 2025:KHC-D:15203 RSA No. 100288 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 6TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REGULAR SECOND APPEAL NO. 100288 OF 2022 (PAR/POS) BETWEEN: LAXMAN S/O. DAREPPA HUNDEKAR, AGE: 63 YEARS, OCC. AGRICULTURE, R/O. TADASALUR, TAL. SAUNDATTI, NOW AT GANIKOPPA, TAL. DIST. BELAGAVI. …APPELLANT (BY SRI. S.B. HEBBALLI, ADVOCATE) AND: 1. SMT. SUVARNA W/O. MARUTI MALAGI, AGE: 53 YEARS, OCC. HOUSEHOLD WORK, R/O. SAULDAL. TAL. GOKAK, NOW AT TADASALUR, TAL. SAUNDATTI-591306. 2. SMT. PARWATEWWA W/O. DAREPPA HUNDEKAR, AGE: 78 YEARS, OCC. AGRICULTURE, R/O. TADASALUR, TAL. SAUNDATTI, DIST. BELAGAVI-591306. SMT. SHANTAWWA W/O. BASAVRAJ MALAGI, SINCE DECEASED BY HER LRS. YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.11.07 14:29:02 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15203 RSA No. 100288 of 2022 3. SANTOSH S/O. BASAVARAJ MALAGI, AGE: 30 YEARS, OCC. STUDENT, R/O. SULADAL, TAL. GOKAK, DIST. BELAGAVI-591306. 4. KUMARI BHARATI D/O. BASAVARAJ MALAGI, AGE: 28 YEARS, OCC. STUDENT, R/O. SULADAL, TAL GOKAK, DIST. BELAGAVI-591308. 5. SANJAY S/O. BASAVARAJ MALAGI, AGE: 26 YEARS, OCC. STUDENT, R/O. SULADAL, TAL. GOKAK, DIST. BELAGAVI-591308. …RESPONDENTS (BY SRI. P.G. CHIKKANARAGUND, ADVOCATE FOR R1; R2 TO R5-NOTICE SERVED) THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 30.09.2020 PASSED IN R.A.NO.16/2016 ON THE FILE OF THE COURT OF THE SENIOR CIVIL JUDGE, SAUNDATTI AND THE JUDGMENT AND DECREE DATED 11.11.2015 PASSED BY THE COURT OF ADDL. CIVIL JUDGE AND JMFC, SAUNDATTI IN O.S.NO.48/2011, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:15203 RSA No. 100288 of 2022 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C M JOSHI) Learned counsel appearing for the appellant submits that the sole appellant has died about six months back. Therefore, the appeal abates and as such the same is closed. SD/- (C M JOSHI) JUDGE SSP CT:PA LIST NO.: 1 SL NO.: 24