- 1 - HC-KAR NC: 2025:KHC-D:17346 RSA No. 5958 of 2011 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REGULAR SECOND APPEAL NO.5958 OF 2011 (DEC/INJ-) BETWEEN: SRI. BALARAM TUKARAM BADIGER AGE: 65 YEARS, OCC. AGRICULTURE, R/O. KAROSHI, TQ. CHIKKODI, DIST. BELAGAVI-590001. …APPELLANT (BY SRI. CHETAN MUNNOLI, ADVOCATE) AND: SRI. MARUTI BABU KURADE AGE: 64 YEARS, OCC. AGRICULTURE, R/O. KAROSHI, TQ. CHIKKODI, DIST. BELAGAVI-590001. …RESPONDENT (RESPONDENT-NOTICE SERVED) THIS RSA IS FILED U/SEC.100 CPC., PRAYING TO SET ASIDE THE JUDGEMENT AND DECREE DTD. 22-07-2011 IN R.A.NO.22/2008 ON THE FILE OF THE DISTRICT JUDGE (AD-HOC) FAST TRACK COURT- I, CHIKKODI, CONFIRMING THE JUDGMENT AND DECREE DATED 27.02.2008 IN O.S.NO.95/2006 ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DN.) AND JMFC, CHIKKODI, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.12.08 10:00:50 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17346 RSA No. 5958 of 2011 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C M JOSHI) Learned counsel appearing for the appellant submits that the sole appellant has died in June-2024. The said submission is taken on record and the appeal is dismissed as abated. SD/- (C M JOSHI) JUDGE RKM CT:PA LIST NO.: 1 SL NO.: 52