- 1 - HC-KAR NC: 2025:KHC-D:16561-DB RFA No. 100009 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 27TH DAY OF NOVEMBER 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI REGULAR FIRST APPEAL NO. 100009 OF 2024 (DEC/INJ) BETWEEN: SMT. SHIVAMMA W/O. NAGESH VALMIKI AGED ABOUT 75 YEARS, OCC: AGRICULTURIST AND HOUSEHOLD, R/AT. NAGARAL VILLAGE, RON TALUK-582209, GADAG DISTRICT. …APPELLANT (BY SRI. BASAVARAJ PATIL, ADVOCATE FOR SRI. VIJAYA R.ANGADI, SRI. B.M.SIDDAPPA AND SRI. SHASHISHEKHAR, ADVOCATES) AND: 1. SRI. NAGARAJ S/O. NAGESH VALMIKI AGED ABOUT 39 YEARS, OCC. AGRICULTURIST. 2. SRI. NAGARJUNA S/O. NAGESH VALMIKI AGED ABOUT 36 YEARS, OCC: HOUSEHOLD. 3. SMT. NAGARATHNA D/O. NAGESH VALMIKI AGED ABOUT 41 YEARS, OCC: HOUSEHOLD. 4. SRI. NAGAPPA S/O. SANNA BASAPPA VALMIKI AGED ABOUT 76 YEARS, OCC: AGRICULTURIST. 5. SMT. RAMJAANBEE W/O. HATELSAB NADAF AGE: MAJOR, OCC: HOUSEHOLD WORK. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.28 10:10:05 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16561-DB RFA No. 100009 of 2024 6. SMT. AKKAMAHADEVI W/O. AJAYYASWAMY HIREMATH, AGE: MAJOR, OCC: HOUSEHOLD WORK. 7. AJAYYASWAMY S/O. BASAYYA HIREMATH AGE: MAJOR, OCC: BUSINESS. 8. SRI. VENKATA DESHIKACHARYA S/O. VENKAT RAMACHARYA, AGE: MAJOR, OCC: BUSINESS. 9. SMT. RENUKA W/O. SUBHASHCHANDRA AGE: MAJOR, OCC: HOUSEHOLD, ALL ARE R/O. KANAKAGIRI, GANGAATHI TALUK-583227, KOPPAL DISTRICT. …RESPONDENTS (ISSUE NOTICE TO R1 AND R2 IS SERVED BUT UNREPRESENTED; R4 AND R7 IS ABATED) THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 30.09.2023 PASSED IN O.S.NO.24/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE, AND JUDICIAL MAGISTRATE FIRST CLASS, GANGAVATHI, PARTLY DECREEING THE SUIT FILED FOR DECLARATION AND PERMANENT INJUNCTION, ALTERNATIVE PARTITION AND SEPARATE POSSESSION. THIS 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:16561-DB RFA No. 100009 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) We see that this appeal arising out of a suit for partition, declaration and injunction was dismissed against respondent Nos.4 and 7 as abated by order dated 04.06.2025, and no steps are taken to get the appeal restored. 2. In view of the recent judgment of the Hon’ble Apex Court in the case of SURESH CHANDRA (DECEASED) THROUGH LRS AND OTHERS VS PARASRAM & OTHERS (2025 INSC 873), the appeal not only abated against the deceased respondents, but also against all the respondents. 3. In that view of the matter, the Regular First Appeal stands dismissed as abated. Sd/- (R.DEVDAS) JUDGE Sd/- (B. MURALIDHARA PAI) JUDGE MBS Ct:vh