- 1 - HC-KAR NC: 2025:KHC-D:14667 RSA No. 5088 of 2011 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REGULAR SECOND APPEAL NO. 5088 OF 2011 (PAR) BETWEEN: 1. YALLAPPA S/O. KIRTEPPA HONAKERAPPANAVAR, AGE: 47 YEARS, OCC. AGRICULTURE, 2. LOHITAPPA S/O. KIRTEPPA HONAKERAPPANAVAR, SINCE DECEASED BY HIS LRS. 2A. SMT. ANNAPOORNA W/O. LATE LOHITAPPA HONAKERAPPANAVAR, AGE: 35 YEARS, OCC. HOUSEWIFE, R/O. CHIKKAMALLUR, TQ. SHIGGAON, DIST. HAVERI. 2B. KUM. KIRAN S/O. LATE LOHITAPPA HONAKERAPPANAVAR, AGE: 16 YEARS, OCC. STUDENT, SINCE MINOR REP. BY HIS MINOR GUARDIAN/MOTHER NAMELY APPELLANT NO.2A. 2C. KUMARI. MAMTA D/O. LATE LOHITAPPA HONAKERAPPANAVAR, AGE: 14 YEARS, OCC. STUDENT, SINCE MINOR REP. BY HIS MINOR GUARDIAN/MOTHER NAMELY APPELLANT NO.2A. 2D. KUM. MAHANTESH S/O. LATE LOHITAPPA HONAKERAPPANAVAR, AGE: 12 YEARS, OCC. STUDENT, SINCE MINOR REP. BY HIS MINOR GUARDIAN/MOTHER NAMELY APPELLANT NO.2A. 3. SMT. CHANNAVVA W/O. GURUPADAPPA SAVAKKANAVAR, YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.10.31 15:12:50 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14667 RSA No. 5088 of 2011 AGE: 54 YEARS, OCC. HOUSEHOLD, APPELLANT NO.1 TO 3 ARE R/O. CHIKKAMALLUR, TQ. SHIGGAON, DIST. HAVERI. 4. SMT. NIMBAVVA W/O. NAGANGOUDA PATIL, AGE: 42 YEARS, OCC. HOUSEHOLD, R/O. KALYANA, TQ. SHIGGAON, DIST. HAVERI. 5. SMT. GANGAVVA W/O. BASAVANNEPPA KALLIMANI, AGE: 37 YEARS, OCC. HOUSEWIFE, R/O. SHIGGAON, DIST. HAVERI. …APPELLANTS (BY SRI. VIJAYENDRA S. BHIMAKKANAVAR, ADVOCATE) AND: 1. SIDDAPPA @ SIDDARAMAPPA (RAMKONDADI) FALSELY CLAIMING TO BE SIDDAPPA @ SIDDARAMAPPA S/O. HANAMANTHAPPA HONAKERAPPANAVAR, AGE: MAJOR, OCC. AGRICULTURE, R/O. JAMBAY NAGAR, GADAG, DIST. GAGAG. 2. SHIVALINGAPPA S/O. KIRTEPPA HONAKERAPPANAVAR, SINCE DECEASED BY HIS LR. 2A. SMT. HANUMAVVA W/O. LATE SHIVALINGAPPA HONAKERAPPANAVAR, AGE: 50 YEARS, OCC. HOUSEWIFE, R/O. CHIKKAMALLUR, TQ. SHIGGAON, DIST. HAVERI. …RESPONDENTS (R2(A)-NOTICE SERVED; R1- APPEAL IS ABATED V/O DATED 07.11.2022) THIS RSA IS FILED UNDER SECTION 100 CPC., PRAYING TO SET ASIDE THE JUDGMENT & DECREE PASSED BY THE COURT OF THE DISTRICT JUDGE (FAST TRACK COURT) HAVERI DATED 12.01.2011 PASSED IN R.A.NO.55/2008 IN SETTING ASIDE THE JUDGMENT AND DECREE PASSED BY THE COURT OF THE CIVIL JUDGE(SR.DN), HAVERI DATED 18.03.2008 IN O.S.NO.85/2005 BY DECREEING THE SUIT OF THE PLAINTIFF BY ALLOWING THIS APPEAL IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. - 3 - HC-KAR NC: 2025:KHC-D:14667 RSA No. 5088 of 2011 THIS APPEAL, COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C M JOSHI) Learned counsel for the appellants submits that the respondent No.1 also has died about two years back. Hence, the appeal stands abated. SD/- (C M JOSHI) JUDGE YAN CT:PA LIST NO.: 1 SL NO.: 52