- 1 - HC-KAR NC: 2025:KHC-D:9826 RSA No. 100500 of 2018 C/W RSA No. 100499 of 2018 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 06TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR SECOND APPEAL NO. 100500 OF 2018 (INJ) C/W REGULAR SECOND APPEAL NO. 100499 OF 2018 IN RSA NO. 100500/2018 BETWEEN: KUMBARA RAMANJINAPPA S/O. HANUMANTHAPPA, AGE: 68 YEARS, OCC: AGRICULTURIST, R/O: KUMBARA ONI, 2ND WARD, KUDUTINI VILLAGE-583115, TQ AND DIST: BALLARI. …APPELLANT (BY SRI HARSH DESAI, ADVOCATE.) AND: 1. HULEPPA S/O LATE KUMBARA POMPANNA, AGE: 51 YEARS, OCC: AGRICULTURE, R/O: KUMBARA ONI, 2ND WARD, KUDUTINI VILLAGE-583115, TQ AND DIST: BALLARI. 2. HANUMANTHA S/O. LATE KUMBARA POMPANNA, AGE: 46 YEARS, OCC: AGRICULTURE, R/O: KUMBARA ONI, 2ND WARD, KUDUTINI VILLAGE-583115, TQ AND DIST: BALLARI. …RESPONDENTS (BY SRI SUBEEL AHMED, ADVOCATE FOR R1 AND R2.) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 17.03.2018, PASSED IN Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.11 10:46:09 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9826 RSA No. 100500 of 2018 C/W RSA No. 100499 of 2018 R.A.NO.19/2016, ON THE FILE OF THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, KUDLIGI AND THE JUDGMENT AND DECREE DATED 27.02.2016, PASSED IN O.S. NO.87/2007, ON THE FILE OF THE CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, SANDUR, AND THEREBY DECREE THE SUIT IN O.S.NO.87/2007 WITH COSTS BY ALLOWING THIS REGULAR SECOND APPEAL, IN THE INTEREST OF JUSTICE. IN RSA NO.100499/2018 BETWEEN KUMBARA RAMANJINAPPA S/O. HANUMANTHAPPA, AGE: 68 YEARS, OCC: AGRICULTURIST, R/O: KUMBARA ONI, 2ND WARD, KUDUTINI VILLAGE-583115, TQ AND DIST: BALLARI. …APPELLANT (BY SRI HARSH DESAI, ADVOCATE.) AND: HANUMAKKA W/O. KUMBARA POMPANNA SINCE DEAD BY HER LRS 1. HULEPPA S/O. LATE KUMBARA POMPANNA, AGE: 51 YEARS, OCC: AGRICULTURIST, R/O: KUMBARA ONI, 2ND WARD, KUDUTINI VILLAGE-583115, TQ AND DIST: BALLARI. 2. HANUMANTHA S/O LATE KUMBARA POMPANNA, AGE: 46 YEARS, OCC: AGRICULTURIST, R/O: KUMBARA ONI, 2ND WARD, KUDUTINI VILLAGE-583115, TQ AND DIST: BALLARI. …RESPONDENTS (BY SRI SUBEEL AHMED, 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 17.03.2018, PASSED IN - 3 - HC-KAR NC: 2025:KHC-D:9826 RSA No. 100500 of 2018 C/W RSA No. 100499 of 2018 R.A.NO.18/2016, ON THE FILE OF THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, KUDLIGI, AND THE JUDGMENT AND DECREE DATED 27.02.2016, PASSED IN O.S. NO.64/2008, ON THE FILE OF THE CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, SANDUR, AND THEREBY DECREE THE SUIT IN OS NO.64/2008 WITH COSTS BY ALLOWING THIS REGULAR SECOND APPEAL, IN THE INTEREST OF JUSTICE. THESE APPEALS COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) It is submitted by the learned counsel for appellant that the sole appellant passed away two years back. A memo is also filed to this effect. The same is placed on record. In view of death of appellant, both the appeals are dismissed as abated. 2. Pending interlocutory applications, if any, stand disposed of as they do not survive for consideration. Sd/- (G BASAVARAJA) JUDGE MRK CT: CMU LIST NO.: 1 SL NO.: 38