- 1 - NC: 2025:KHC-D:4668 RSA No. 100085 of 2014 C/W RSA No. 100194 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO. 100085 OF 2014 (-) C/W REGULAR SECOND APPEAL NO. 100194 OF 2022 IN R.S.A.NO.100085/2014 BETWEEN: HANAMAVVA N. WARAD, SINCE DECEASED BY HER LR’S. HANUMANTAPPA S/O. NINGAPPA WARAD, AGE: 29 YEARS, OCC: AGRICULTURE, R/O. RANATUR, TQ: SHIRAHATTI, DIST: GADAG. (APPELLANT NO.1, SINCE DECEASED & APPELLANT NO.2 ALSO IS ALREADY ON RECORD, IS ONLY LR OF APPELLANT NO.1, CAUSE TITLE IS AMENDED, AS PER ORDER DATED 21/03/2023) …APPELLANTS (BY SRI. ARVIND D. KULKARNI, ADVOCATE) AND: 1. BASAPPA S/O. BALAPPA WARAD, AGE: ABOUT 55 YEARS, OCC: PVT. SERVICE R/O. RANATUR, TQ: SHIRAHATTI, DIST: GADAG-582101, NOW AT SHIRODA, GOA STATE, REP. G.P.A. HOLDER, YALLAPPA S/O. BASAPPA WARAD, AGE: 27 YEARS, OCC: AGRICULTURE, R/O. RANTUR, TQ: SHIRAHATTI, DIST: GADAG-582101. MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:4668 RSA No. 100085 of 2014 C/W RSA No. 100194 of 2022 2. GANGAVVA W/O. NINGAPPA WARAD, AGE: 49 YEARS, OCC: HOUSEHOLD, R/O. RANATUR, TQ: SHIRAHATTI, DIST: GADAG-582101. 3. MANJUNATH S/O.NINGAPPA WARAD, AGE: 27 YEARS, OCC: AGRICULTURE, R/O. RANATUR, TQ: SHIRAHATTI, DIST: GADAG-582101. 4. NAGARAJ S/O. NINGAPPA WARAD, AGE: 25 YEARS, OCC: AGRICULTURE, R/O. RANTUR, TQ: SHIRAHATTI DIST: GADAG-582101. …RESPONDENTS (BY SRI. C.S. SHETTAR & SMT. KAVYA C. SHETTAR, ADVOCATES FOR R2-R4; R1-HELD SUFFICIENT) THIS REGULAR SECOND APPEAL IS FILED U/O. XLI RULE 5 R/W. SEC. 151 OF CPC PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED:20.12.2013 IN R.A. NO.26/2013 PASSED BY THE ADDL. SENIOR CIVIL JUDGE GADAG SITTING AT LAXMESHWAR, AND CONFIRM THE JUDGMENT AND DECREE IN O.S.NO.165/2011 PASSED BY THE CIVIL JUDGE AND JMFC, LAXMESHWAR DATED 23/03/2013, IN THE INTEREST OF JUSTICE AND EQUITY. IN R.S.A. NO. 100194/2022 (-) BETWEEN: HANUMANTAPPA S/O. NINGAPPA WARAD, AGE: 36 YEARS, OCC: AGRICULTURE, R/O. RANTUR, TQ: SHIRAHATTI, DIST: GADAG. …APPELLANTS (BY SRI. ARAVIND D. KULKARNI, ADVOCATE) - 3 - NC: 2025:KHC-D:4668 RSA No. 100085 of 2014 C/W RSA No. 100194 of 2022 AND: 1. BASAPPA S/O. BALAPPA WARAD, AGE: ABOUT 63 YEARS, OCC: SERVICE/AGRICULTURE, R/O. SHIROD, TQ: PONDA, STATE: GOA, THROUGH G.P.A. HOLDER YALLAPPA CALLING HIMSELF AS ADOPTED SON OF BASAPPA WARAD, AGED ABOUT 37 YEARS, OCC: AGRICULTURE, R/O. RANTUR, TQ: SHIRAHATTI, DIST: GADAG. 2. GANGAVVA W/O. NINGAPPA WARAD, AGE: 58 YEARS, OCC: HOUSEHOLD, R/O. C/O. MANJUNATH S/O. NINGAPPA WARAD, R/O. KEB QUARTERS, SAVANUR, DIST: HAVERI. 3. MANJUNATH S/O.NINGAPPA WARAD, AGE: 39 YEARS, OCC: KEB EMPLOYEE, R/O. KEB QUARTERS, SAVANUR, DIST: HAVERI. 4. NAGARAJ S/O. NINGAPPA WARAD, AGE: 34 YEARS, OCC: AGRICULTURE, C/O. MANJUNATH S/O. NINGAPPA WARAD, R/O. KEB QUARTERS, SAVANUR, DIST: HAVERI. …RESPONDENTS THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC PRAYING THAT THE PRESENT SECOND APPEAL BE ALLOWED AND THE JUDGMENT AND DECREE DATED 28.05.2019 PASSED BY THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, LAXMESHWAR IN R.A. NO.65/2017 BE SET ASIDE AND ALSO SET ASIDE THE JUDGMENT AND DECREE DATED 06.09.2017 PASSED BY THE CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, LAXMESHWAR IN FDP NO.1/2014 AND CONSEQUENTLY FDP NO.1/2014 BE DISMISSED WITH COSTS. THESE APPEALS COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - NC: 2025:KHC-D:4668 RSA No. 100085 of 2014 C/W RSA No. 100194 of 2022 CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL JUDGMENT It is submitted by learned counsel for the parties that the appellant in both the appeals is no more. Accordingly, both the appeals abate. Sd/- (E.S.INDIRESH) JUDGE sac CT-MCK List No.: 1 Sl No.: 1