- 1 - HC-KAR NC: 2025:KHC-D:14854 RSA No. 5382 of 2012 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REGULAR SECOND APPEAL NO. 5382 OF 2012 (DEC/INJ) BETWEEN: SMT. TAYAWWA W/O. MARUTI BELMARDI, AGE : 59 YEARS, OCC. AGRICULTURE, R/O. BABALADIGALLI, HUKKERI, TQ. HUKKERI, DIST. BELAGAVI. …APPELLANT (SOLE APPELLANT IS DECEASED) AND: SMT. NAGUTAI W/O. BALAPPA SHEKANNAVAR, AGE : 55 YEARS, OCC. HOUSEHOLD WORK, R/O. GOTUR-591313, TQ. HUKKERI, DIST. BELAGAVI. …RESPONDENT (BY SRI. SANTOSH B RAWOOT, ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 R/W. ORDER 41 RULE 1 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 30.11.2011 PASSED BY THE SENIOR CIVIL JUDGE, HUKKERI IN RA NO.27/2011 AND SET ASIDE THE JUDGMENT AND DECREE DATED 15.04.2011 PASSED BY THE CIVIL JUDGE AND JMFC., HUKKERI IN O.S.NO.130/2009 AND ALLOW THIS APPEAL WITH COSTS THROUGHOUT BY DECREEING THE SUIT OF THE APPELLANT IN O.S.NO.130/2009 ON THE FILE OF THE CIVIL JUDGE AND JMFC HUKKERI AND ETC. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.11.04 10:19:31 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14854 RSA No. 5382 of 2012 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C M JOSHI) The records reveal that the learned counsel appearing for the appellant Sri.M.G.Naganuri is no more and therefore, Court notice was issued to the appellant. Thereafter, it is reported that the appellant is also no more. Therefore, this Court cannot proceed with the matter since the counsel who was representing the appellant as well as the appellant are no more. Hence, the appeal is dismissed with liberty to the legal representatives of the appellant to apply for restoration if they feel necessary. SD/- (C M JOSHI) JUDGE RKM CT:PA LIST NO.: 1 SL NO.: 1