- 1 - HC-KAR NC: 2025:KHC-D:16031-DB RFA No. 100180 of 2021 C/W RFA No. 100093 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 21ST DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI R.F.A. NO.100180 OF 2021 (DEC/POS) C/W. R.F.A. NO.100093 OF 2022 (PAR/POS) IN R.F.A. NO.100180 OF 2021 BETWEEN: 1. SRI. ANILKUMAR S/O. SOMARADDI TIRLAPUR, AGE: 40 YEARS, OCC: AGRICULTURE, R/O. BINKADAKATTI, TQ. DIST. GADAG-582101. 2. SRI. RAVINDRAKUMAR S/O. SOMARADDI TIRLAPUR, AGE: 40 YEARS, OCC: AGRICULTURE, R/O. BINKADAKATTI, TQ. DIST. GADAG-582101. …APPELLANTS (BY SRI. SAIKIRAN B. NAIK, ADVOCATE) AND: 1. SRI. SHAMBHULINGA S/O. MALLAPPA KIRAGI, AGE: 47 YEARS, OCC: AGRIL. BANK MANAGER, R/O. NEAR SHIVALAYA TEMPLE, 22ND CROSS, VIJAY NAGAR, VIDYAGERI, BAGALKOT-587101. 2. SRI. BASAVARAJ S/O. MALLAPPA KIRAGI, AGE: 43 YEARS, OCC: AGRICULTURE & PVT. SERVICE, R/O. NEAR SHIVALAYA TEMPLE, 22ND CROSS, VIJAY NAGAR, VIDYAGERI, BAGALKOT-587101. 3. SRI. BASAVARAJ S/O. SHIVAPPA KACHATTI, AGE: 42 YEARS, OCC: AGRICULTURE, R/O. KUTAKANAKERI, TQ. BADAMI, DIST. BAGALKOT-587101. 4. SRI. CHANNAMALLAPPA S/O. SHIVAPPA KACHATTI, AGE: 39 YEARS, OCC AGRICULTURE, R/O. KUTAKANAKERI, TQ. BADAMI, DIST. BAGALKOT-587101. Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench. - 2 - HC-KAR NC: 2025:KHC-D:16031-DB RFA No. 100180 of 2021 C/W RFA No. 100093 of 2022 5. SMT. SUVARANA W/O. KASHAPPA TENGINAKAI, AGE: 50 YEARS, OCC: HOUSEHOLD WORK, R/O. VAKKALAGERI ONI, NEAR RACHOTESHWAR TEMPLE, GADAG-582101. 6. SMT. IRAMMA D/O. KASHAPPA TENGINAKEI, AGE: 31 YEARS, OCC: HOUSEHOLD WORK, R/O. VAKKALAGERI ONI, NEAR RACHOTESHWAR TEMPLE, GADAG-582101. 7. SMT. BASAMMA D/O. KASHAPPA TENGINAKAI, AGE: 29 YEARS, OCC: HOUSEHOLD WORK, R/O. VAKKALAGERI ONI, NEAR RACHOTESHWAR TEMPLE, GADAG-582101. 8. SRI. KOTRAPPA @ BASAVARAJ S/O. KASHAPPA TENGINAKAI, AGE: 27 YEARS, OCC: PVT. SERVICE, R/O. VAKKALAGERI ONI, NEAR RACHOTESHWAR TEMPLE, GADAG-582101. 9. SRI. KUMAR S/O. KASHAPPA TENGINAKAI, AGE: 24 YEARS, OCC: PVT. SERVICE, R/O. VAKKALAGERI ONI, NEAR RACHOTESHWAR TEMPLE, GADAG-582101. 10. SMT. SHAKUNTALA W/O. BASAVANAPPA ANGADI, AGE: 75 YEARS, OCC: HOUSEHOLD WORK, R/O. MAJJIGUDD, TQ. NAVALAGUND, DIST. DHARWAD-580001. 11. SRI. BASAVANNEPPA S/O. ANDANEPPA HASABI, AGE: 60 YEARS, OCC: AGRICULTURE, R/O. NEAR HALLIGOUDAR HOUSE, NALWAD GALLI, GADAG-582101. …RESPONDENTS (BY SRI. C. S. SHETTAR AND SMT. KAVYA C., ADV. FOR R1; NOTICE TO R2, R4 TO R9 AND R11 ARE SERVED; APPEAL AGAINST R3 AND R10 ARE STANDS ABATED) THIS RFA IS FILED U/S.96 OF CPC., PRAYING TO CALL FOR RECORDS IN OS NO.113/2015 ON THE FILE OF PRINCIPLE SENIOR CIVIL JUDGE & CJM GADAG AND ALLOW THE APPEAL AND SET ASIDE THE JUDGMENT AND DECREE DATED 10/09/2018 PASSED IN OS NO.113/2015 ON THE FILE OF PRINCIPLE SENIOR CIVIL JUDGE AND - 3 - HC-KAR NC: 2025:KHC-D:16031-DB RFA No. 100180 of 2021 C/W RFA No. 100093 of 2022 CJM GADAG, AND CONSEQUENTLY DISMISS THE SUIT OF PLAINTIFFS IN ITS ENTIRETY IN THE ENDS OF JUSTICE AND EQUITY AND ETC. IN RFA NO.100093 OF 2022 BETWEEN: 1. SMT. SUVARANA W/O. KASHAPPA TENGINAKAI, AGE: 55 YEARS, OCC: HOUSEHOLD WORK, R/O. VAKKALAGERI ONI, NEAR RACHOTOESHWAR TEMPLE, GADAG-582101. 2. SMT. IRAMMA D/O. KASHAPPA TENGINAKEI, AGE: 36 YEARS, OCC: HOUSEHOLD WORK, R/O. VAKKALAGERI ONI, NEAR RACHOTOESHWAR TEMPLE, GADAG-582101. 3. SMT. BASAMMA D/O. KASHAPPA TENGINAKAI, AGE: 34 YEARS, OCC: HOUSEHOLD WORK, R/O. VAKKALAGERI ONI, NEAR RACHOTOESHWAR TEMPLE, GADAG-582101. 4. SRI. KOTRAPPA @ BASAVARAJ S/O. KASHAPPA TENGINAKAI, AGE: 32 YEARS, OCC: PVT. SERVICE, R/O. VAKKALAGERI ONI, NEAR RACHOTOESHWAR TEMPLE, GADAG-582101. 5. SRI. KUMAR S/O. KASHAPPA TENGINAKAI, AGE: 29 YEARS, OCC: PVT. SERVICE, R/O. VAKKALAGERI ONI, NEAR RACHOTOESHWAR TEMPLE, GADAG-582101. …APPELLANTS (BY SRI. SRINIVAS B. NAIK, ADVOCATE) AND: 1. SRI. SHAMBHULINGA S/O. MALLAPPA KIRAGI, AGE: 52 YEARS, OCC: AGRIL., BANK MANAGER, R/O. NEAR SHIVALAYA TEMPLE, 22ND CROSS, VIJAY NAGAR, VIDYAGERI, BAGALKOT-587101. 2. SRI. BASAVARAJ S/O. MALLAPPA KIRAGI, AGE: 49 YEARS, OCC: AGRICULTURE & PVT. SERVICE, R/O NEAR SHIVALAYA TEMPLE, 22ND CROSS, VIJAY NAGAR, VIDYAGERI, BAGALKOT-587101. 3. SRI. BASAVARAJ S/O. SHIVAPPA KACHATTI, - 4 - HC-KAR NC: 2025:KHC-D:16031-DB RFA No. 100180 of 2021 C/W RFA No. 100093 of 2022 AGE: 47 YEARS, OCC: AGRICULTURE, R/O. KUTAKANAKERI, TQ. BADAMI, DIST. BAGALKOT-587101. 4. SRI. CHANNAMALLAPPA S/O. SHIVAPPA KACHATTI, AGE: 44 YEARS, OCC: AGRICULTURE, R/O. KUTAKANAKERI, TQ. BADAMI, DIST. BAGALKOT-587101. 5. SRI. ANILKUMAR S/O. SOMARADDI TIRLAPUR, AGE: 45 YEARS, OCC: AGRICULTURE, R/O. BINKADAKATTI, TQ. DIST. GADAG-582101. 6. SRI. RAVINDRAKUMAR S/O. SOMARADDI TIRLAPUR, AGE: 46 YEARS, OCC: AGRICULTURE, R/O. BINKADAKATTI, TQ. DIST. GADAG-582101. 7. SRI. BASAVANNEPPA S/O. ANDANEPPA HASABI, AGE: 65 YEARS, OCC: AGRICULTURE, R/O. NEAR HALLIGOUDAR HOUSE, NALWAD GALLI, GADAG-582101. 8. SMT. SHAKUNTALA W/O. BASAVANAPPA ANGADI, AGE: 80 YEARS, OCC: HOUSEHOLD WORK, R/O. MAJJIGUDD, TQ. NAVALAGUND, DIST. DHARWAD-580022. …RESPONDENTS (BY SRI. C. S. SHETTAR, ADV. FOR R1; SRI. SAIKIRAN B. NAIK, ADV. FOR R5 & R6; NOTICE TO R2 AND R4 ARE SERVED; APPEAL AGAINST R3 AND R8-ABATED; R7-NO SUCH PERSON) THIS RFA IS FILED U/S.96 OF CPC., PRAYING TO CALL FOR RECORDS IN OS NO.113/2015 ON THE FILE OF PRINCIPLE SENIOR CIVIL JUDGE & CJM GADAG AND ALLOW THE APPEAL AND SET ASIDE THE JUDGMENT AND DECREE DATED 10/09/2018 PASSED IN OS NO.113/2015 ON THE FILE OF PRINCIPLE SENIOR CIVIL JUDGE AND CJM GADAG, AND CONSEQUENTLY DISMISS THE SUIT OF PLAINTIFFS IN ITS ENTIRETY IN THE ENDS OF JUSTICE AND EQUITY. THESE APPEALS, 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 - 5 - HC-KAR NC: 2025:KHC-D:16031-DB RFA No. 100180 of 2021 C/W RFA No. 100093 of 2022 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) The appeal in RFA No.100180/2021, insofar as respondent Nos. 3 and 10 are concerned stands abated, as both the parties died in the year 2024. Similarly, in the connected appeal, the same respondents, who are respondent Nos.3 and 8 have also died and no steps were taken to bring their legal representatives on record. Having regard to the law laid down by the Hon’ble Supreme Court in Suresh Chandra (deceased) through L.Rs. and Others V/s Parasram and Others, reported in 2025 INSC 873, in appeal arising out of a suit for partition, the appeal does not abate only against certain respondents, it abates against all the respondents. In that view of the matter, we are constrained to hold that both the appeals stand dismissed as abated. Sd/- (R.DEVDAS) JUDGE Sd/- (B. MURALIDHARA PAI) JUDGE VB /CT-AN/List No.: 1 Sl No.: 4