- 1 - HC-KAR NC: 2025:KHC-D:11259 RSA No. 100559 of 2024 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR SECOND APPEAL NO.100559/2024 (DEC/INJ) BETWEEN: SMT. RUDRAVVA W/O. HANUMANTHAPPA ELI AGE: 60 YEARS, OCC: AGRICULTURE AND HOUSEHOLD WORK, R/O: BYADGI, TQ: BYADGI, DIST: HAVERI 581106. …APPELLANT (BY SRI SHIVRAJ S. BALLOLI, ADVOCATE.) AND: 1. CHANDRASHEKHAR S/O. BASAVANNEPPA KUPPELUR SO CALLED S/O. ISHWARAPPA ELI AGE: 59 YEARS, OCC: BUSINESS R/O: BYADGI, DIST: HAVERI 581106. 2. SMT. CHANDRAKALA W/O. PRABHUGOUDA TEMBADAMANI SO CALLED SMT. CHANDRAKALA D/O. ISHWARAPPA ELI AGE: 60 YEARS, OCC: SERVICE, R/O: NAVANAGAR, SHIGGAON, DIST: HAVERI 581205. 3. SMT. MANGALA W/O. RAMANJANAPPA KARNUL @ BHAJANTRI Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.09.04 12:47:34 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11259 RSA No. 100559 of 2024 SO CALLED MANGALA D/O. ISHWARAPPA ELI AGE: 48 YEARS, OCC: GOVERNMENT EMPLOYEE, TQ. BYADGI, DIST: HAVERI-581106. 4. BASAVARAJA S/O. MALLAPPA HOSAMANI AGE: 61 YEARS, OCC: BUSINESS, R/O: OPP. DISTRICT COURT, M.G. ROAD, TQ. AND DIST. HAVERI 581110. 5. SURESH S/O. MALLAPPA HOSAMANI AGE: 56 YEARS, OCC: BUSINESS, R/O: OPP. DISTRICT COURT, M.G. ROAD, TQ. AND DIST. HAVERI 581110. 6. BHASHASAB S/O. HUSSAINSAB DODDAMANI AGE: 45 YEARS, OCC: AGRICULTURE AND BUSINESS R/O: KHURDAKODIHALLI, TQ. BYADGI, DIST: HAVERI 581106. …RESPONDENTS (BY SRI AVINASH BANAKAR, ADVOCATE.) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 26.04.2024 IN R.A.NO.15/2022 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC, BYADGI AND THE JUDGMENT AND DECREE DATED 28.02.2022 PASSED IN O.S.NO.62/2009, ON THE FILE OF CIVIL JUDGE AND JMFC, BYADGI, TO MEET THE ENDS OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:11259 RSA No. 100559 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) It is submitted by the learned counsel for respondent that the sole appellant died on 11.08.2024. Till this date steps are not taken. Hence, appeal is dismissed as abated. Sd/- (G BASAVARAJA) JUDGE MRK CT-CMU LIST NO.: 1 SL NO.: 12