- 1 - HC-KAR NC: 2025:KHC-D:13970-DB RFA No. 100350 of 2019 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16TH DAY OF OCTOBER 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI REGULAR FIRST APPEAL NO. 100350 OF 2019 (DEC) BETWEEN: 1. KUMAR. LAXMAN S/O. BASAPPA TAKKALAKI, AGE: 22 YEARS, OCC: STUDENT, R/O. JAMAKHANDI, TAL: JAMAKHANDI, DIST: BAGALKOT. 2. KUMARI. RENUKA D/O. BASAPPA TAKKALAKI, AGE: 19 YEARS, OCC: STUDENT, R/O. JAMAKHANDI, TAL: JAMAKHANDI, DIST: BAGALKOT. 3. KUMAR. RAMESH S/O. BASAPPA TAKKALAKI, AGE: 18 YEARS, OCC: STUDENT, R/O. JAMAKHANDI, TAL: JAMAKHANDI, DIST: BAGALKOT. 4. SMT. BHAGIRATHI W/O. BASAPPA TAKKALKAI, AGE: 45 YEARS, Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:13970-DB RFA No. 100350 of 2019 OCC: HOUSEHOLD WORK AND AGRICULTURE, R/O. JAMAKHANDI, TAL: JAMAKHANDI, DIST: BAGALKOT. …APPELLANTS (BY SRI. RAJENDRA R.PATIL, ADVCOATE FOR SRI. SRINAND A.PACHHAPURE AND SMT. PALLAVI S.PACHHAPURE, ADVOCATES) AND: 1. SMT. GOURAVVA W/O. PARAPPA TAKKALAKI, AGE: 71 YEARS, OCC: HOUSEHOLD WORK, R/O. KOSTI GALLI, JAMAKHANDI, DIST: BAGALKOT. 2. SMT. DWARAKA W/O. SAMEER HADIMANI, AGE: 69 YEARS, OCC: AGRICULTURE LABOUR, R/O. JAMBAGI ROAD, JAMAKHANDI, DIST: BAGALKOT. 3. SRI. RAMANGOUDA S/O. ANNDAGOUDA PATIL, AGE: 54 YEARS, OCC: AGRICULTURE, R/O. BAGALKOT, DIST: BAGALKOT. 4. SRI. RAVI S/O. JAYAVANT KALE AGE: 49 YEARS, OCC: NIL, R/O: K.H.B COLONY, JAMAKHANDI, BAGALKOT. - 3 - HC-KAR NC: 2025:KHC-D:13970-DB RFA No. 100350 of 2019 5. SRI. SHANKAR S/O. BABURAO PANALKAR, AGE: 74 YEARS, OCC: NOT KNOWN, R/O: OPPOSITE TO P.B. HIGH SCHOOL, JAMAKHANDI, TAL: JAMAKHANDI, BAGALKOT. 6. SRI. NAZEER AHAMAD S/O. BABASAB KANGANOLLI, AGE: 48 YEARS, OCC: AGRICULTURE LABOUR, R/O: BARPET GALLI, JAMAKHNADI, TAL: JAMAKHANDI, BAGALKOT. …RESPONDENTS (BY SRI. HARISH S.MAIGUR, ADVOCATE FOR R3; SRI. S.A.SONDUR, ADVOCATE FOR R4; SRI. GIRISH YADAWAD, ADVOCATE FOR R6; NOTICE TO R2 IS SERVED BUT UNREPRESENTED; VIDE ORDER DATED 04.02.2022 –R5 IS ABATED) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 03.04.2019 PASSED IN O.S.NO.97/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE, JAMKHANDI, DISMISSING THE SUIT FILED FOR DECLARATION. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI - 4 - HC-KAR NC: 2025:KHC-D:13970-DB RFA No. 100350 of 2019 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) This appeal is abated against respondent No.5 by order dated 04.02.2022. No steps have been taken by the appellants to get the matter restored as against respondent No.5. This appeal arises out of a suit for declaration, and respondent No.5 was defendant No.5, who was a purchaser of some of the items of the suit schedule properties. 2. Having regard to the recent judgment of the Hon’ble Apex Court in the case of SURESH CHANDRA (DECEASED) THROUGH LRS AND OTHERS VS PARASRAM & OTHERS (2025 INSC 873), the appeal abates not only against the deceased respondent No.5, but also against all the respondents. 3. In that view of the matter, the Regular First Appeal stands dismissed as abated. Sd/- (R.DEVDAS) JUDGE Sd/- (B. MURALIDHARA PAI) JUDGE MBS/CT:vh