- 1 - HC-KAR NC: 2025:KHC-D:16423 RSA No. 100210 of 2022 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REGULAR SECOND APPEAL NO.100210 OF 2022 (INJ) BETWEEN: SHRI TAVANAPPA S/O. LAXMAPPA INDI, AGE: 81 YEARS, OCC. AGRICULTURE, R/O. PATAGUNDI, TQ. GOKAK, DIST. BELAGAVI. PIN CODE-591312. …APPELLANT (BY SRI. SANJAY S. KATAGERI,ADVOCATE) AND: 1. SHRI BANAPPA @ BASAPPA S/O. LAXMAPPA TIGADI @ BADAKANNAVAR (BALAKKANNAVAR), AGE: 66 YEARS, OCC. AGRICULTURE. 2. SHRI KENCHAPPA S/O. LAXMAPPA TIGADI @ BADAKANNAVAR (BALAKKANNAVAR), AGE: 71 YEARS, OCC. AGRICULTURE, 3. FAKIRAPPA S/O. LAGAMAPPA TIGADI @ BADAKANNAVAR (BALAKKANNAVAR), AGE: 69 YEARS, OCC. AGRICULTURE, 4. VITTAL S/O. LAXMAPPA TIGADI @ BADAKANNAVAR (BALAKKANNAVAR), AGE: 66 YEARS, OCC. AGRICULTURE, 5. KALLAPPA S/O. LAXMAPPA TIGADI @ BADAKANNAVAR (BALAKKANNAVAR), AGE: 64 YEARS, OCC. AGRICULTURE, YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.11.27 10:51:41 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16423 RSA No. 100210 of 2022 6. SIDDAPPA S/O. LAXMAPPA TIGADI @ BADAKANNAVAR (BALAKKANNAVAR), AGE: 58 YEARS, OCC. AGRICULTURE, 7. KENCHAPPA S/O. YALLAPPA TIGADI @ BADAKANNAVAR (BALAKKANNAVAR), AGE: 46 YEARS, OCC. AGRICULTURE, ALL THE RESPONDENTS ARE RESIDING AT R/O. MUSAGUPPI, TQ. GOKAK, DIST. BELAGAVI, PIN CODE-591307. …RESPONDENTS THIS RSA FILED UNDER SECTION 100 OF CPC, PRAYING THAT THE IMPUGNED JUDGMENT AND DECREE DATED 04.08.2020 PASSED IN R.A.NO.18/2018 BY II ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, GOKAK, IN ALLOWING THE SAID REGULAR APPEAL AND THEREBY SETTING ASIDE THE JUDGMENT AND DECREE DATED 08.02.2018, PASSED IN O.S.NO.77/2014 BY THE CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, MUDALAGI, BE KINDLY SET ASIDE BY ALLOWING THIS APPEAL AND CONSEQUENTLY DECREEING THE SAID SUIT IN O.S.NO.77/2014 (OLD NO.574/2010) AS PRAYED THEREIN, WITH COSTS, 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:16423 RSA No. 100210 of 2022 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C M JOSHI) The learned counsel for the appellant submits that the sole appellant has died on 05.03.2021. In view of the above submission, the present appeal stands abated. SD/- (C M JOSHI) JUDGE YAN CT:PA LIST NO.: 1 SL NO.: 21