- 1 - HC-KAR NC: 2025:KHC-D:15059 RSA No. 100647 of 2018 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REGULAR SECOND APPEAL NO. 100647 OF 2018 (SP/DE/IN) BETWEEN: 1. SMT. FATIMABI W/O. SAYADPEER ANDAGI, SINCE DECEASED BY HER LRS., JAFER S/O. SAYADPEER ANDAGI, AGE: 35 YEARS, OCC. BUSINESS, R/O. CHIKKERUR, TAL. HIREKERUR-581111, DIST. HAVERI. 2. ALLABAKASH S/O. SAYADPEER ANDAGI, AGE: 29 YEARS, OCC. BUSINESS, R/O. CHIKKERUR, TAL. HIREKERUR-581111, DIST. HAVERI. 3. MUBARAK S/O. SAYADPEER ANDAGI, AGE: 25 YEARS, OCC. BUSINESS, R/O. CHIKKERUR, TAL. HIREKERUR-581111, DIST. HAVERI. 4. SHATAZ W/O. RAFEEQSAB KACHAVI AGE: 39 YEARS, OCC. HOUSEHOLD, R/O. CHIKKERUR, TAL. HIREKERUR-581111, DIST. HAVERI. YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.11.06 14:27:56 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15059 RSA No. 100647 of 2018 5. MUBEENA W/O. SIKANDAR MALAGIMANI, AGE: 36 YEARS, OCC. HOUSEHOLD, R/O. KAGINALE, TAL. BYADAGI, DIST. HAVERI. …APPELLANTS (BY SRI. DINESH M. KULKARNI, ADVOCATE) AND: BHEEMAJI S/O. RAMACHANDRA NADIGER, AGE: 74 YEARS, OCC. AGRICULTURE, R/O. CHIKKERUR, TAL. HIREKERUR-581111, DIST. HAVERI. …RESPONDENT (BY SRI. N.R. KUPPELUR AND MISS. VINAYA KUPPELUR, ADVOCATES) THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE PASSED BY THE SENIOR CIVIL JUDGE AND JMFC HIREKERUR IN R.A.NO.10/2017 DATED 05.06.2018 IN MODIFYING THE JUDGMENT AND DECREE PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC, HIREKERUR IN O.S.NO.57/2013 DATED 07.01.2017 IN DISMISSING FOR THE RELIEF OF SPECIFIC PERFORMANCE OF CONTRACT IS CONCERNED AS NULL AND VOID AND ETC. THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:15059 RSA No. 100647 of 2018 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C M JOSHI) Learned counsel appearing for the appellants submits that the sole respondent is no more. It is submitted that the sole respondent died one year back. Therefore, the appeal stands abated and as such is closed as abated. SD/- (C M JOSHI) JUDGE SSP CT:PA LIST NO.: 1 SL NO.: 15