- 1 - HC-KAR NC: 2025:KHC-D:10944 RSA No. 633 of 2008 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR SECOND APPEAL NO. 633 OF 2008 (RES) BETWEEN: ALLABHAKSHSAB S/O. CHAMANSAB PINJAR @ ITAGI AGED ABOUT 41 YEARS, OCC: BUSINESS, R/O. MALEBENNUR AJADNAGAR, 3RD CROSS, NEAR NANDIGUDI, MALEBENNUR, HARIHAR TALUK, DIST. DAVANAGERE-577001. …APPELLANT (SOLE APPELLANT IS DEAD) AND: 1. SMT. BIBIJAN W/O. JAMALASAB PINJAR @ ITAGI AGED ABOUT 46 YEARS, OCC. AGRICULTURE/HOUSEHOLD, R/O. ITAGI, NOW AT MALEBENNUR, HARIHAR TALUK, DIST. DAVANAGERE-577001. 2. CHAMANSAB S/O. JAMALASAB PINJAR @ ITAGI AGED ABOUT 26 YEARS, OCC. AGRICULTURE R/O. ITAGI, NOW AT MALEBENNUR, HARIHAR TALUK, DIST. DAVANAGERE-577001. 3. SMT. JUBEDABI W/O. HUSAINMIYASAB PINJAR Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.30 12:04:44 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10944 RSA No. 633 of 2008 AGED ABOUT 28 YEARS, OCC. HOUSEHOLD WORK, R/O. KAREEMATTIHALLI, TQ. HAVERI-581110, DIST. DHARWAD-580001. 4. SMT. PEERAMBI D/O. JAMALASAB PINJAR AGED ABOUT 24 YEARS, OCC. HOUSEHOLD WORK, R/O.ITAGI, NOW AT MALEBENNUR, HARIHAR TALUK, DIST. DAVANAGERE-577001. …RESPONDENTS (BY SRI. N.P. VIVEKMEHTA ADVOCATE) THIS RSA FILED U/S. 100 OF CPC, PRAYING TO CALL FOR THE RECORDS PRINCIPAL CIVIL JUDGE (JR. DIVN) JMFC, RANEBENNUR IN O.S.NO.189/2002 AND SET ASIDE THE JUDGMENT AND DECREE PASSED BY THE ADDL. CIVIL JUDGE (SR. DIVN) IN R.A.NO.87/2006 DATED 08.01.2008, BY ALLOWING THIS APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Report received from the Principal District and Sessions Judge, Davanagere. As per the said report, the sole-appellant-Allabhakshsab S/o.Chamansab Pinjar @ Itagi died on 22.06.2021. Death certificate in respect of same is enclosed along with the report. Hence, appeal is abated. - 3 - HC-KAR NC: 2025:KHC-D:10944 RSA No. 633 of 2008 2. In view of disposal of appeal, pending I.As, if any shall stand disposed of. 3. Send back the trial Court records to the concerned Court. Sd/- (G BASAVARAJA) JUDGE CKK Ct-cmu LIST NO.: 1 SL NO.: 4