- 1 - HC-KAR NC: 2025:KHC-D:9643 RSA No. 100614 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR SECOND APPEAL NO. 100614 OF 2019 (DEC/PAR) BETWEEN: SMT. MASANAVVA W/O. VEERABHADRA PARITH AGE: 43 YEARS, OCC: HOUSEHOLD WORK, R/O: VADAGAON, DIST:BELAGAVI. …APPELLANT (BY SRI. S.R. HEGDE, ADVOCATE) AND: 1. SRI. LAXAMAN S/O. THAKAPPA MADIWAL AGE: 63 YEARS, OCC: AGRICULTURE, 2. SRI. MARUTI S/O. THAKAPPA MADIWAL AGE: 62 YEARS, OCC: AGRICULTURE, 3. SRI. PEERAJI S/O. THAKAPPA MADIWAL AGE: 60 YEARS, OCC: AGRICULTURE, 4. SRI. NAGESH S/O. THAKAPPA MADIWAL AGE: 58 YEARS, OCC: AGRICULTURE, 5. SRI. KRISHNA S/O. THAKAPPA MADIWAL AGE: 56 YEARS, OCC: AGRICULTURE, 6. SRI. NINGANI ALLEGED ADOPTED SON OF BHIMARAY MADIWAL 7. SRI. PRALAD S/O. THAKAPPA MADIWAL AGE: 50 YEARS, OCC: AGRICULTURE, 8. SRI NEELAKHANT S/O. HANUMANT MADIWAL AGE: 73 YEARS, OCC: AGRICULTURE, Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.06 11:05:45 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9643 RSA No. 100614 of 2019 ALL ARE R/O HUNASWAD VILLAGE, TQ:HALIYAL, DIST:UTTARA KANNADA 581329. …RESPONDENTS (BY SRI. S.S. SAJJAN, ADVOCATE FOR R6; NOTICE TO R3 TO R5, R7, R8 SERVED) THIS RSA IS FILED U/SEC.100 OF CPC, AGAINST THE JUDGMENT DECREE DATED 18.04.2019 PASSED IN R.A.NO.8/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE, HALIYAL, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED- 29.01.2018, PASSED IN O.S. NO.80/2010 ON THE FILE OF THE CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, HALIYAL, PARTLY DECREEING THE SUIT FILED FOR DECLARATION, PARTITION AND SEPARATE POSSESSION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Issue notice to respondent Nos.1 and 2, if the process fee and necessary particulars are furnished. Learned counsel for the appellant is present and seeks time to bring the legal representatives of the deceased sole appellant on record. The order sheet dated 19.03.2025 also reveals that the sole appellant has passed away. Learned counsel for the appellant submitted that the sole appellant is no more and seeks two weeks’ time. - 3 - HC-KAR NC: 2025:KHC-D:9643 RSA No. 100614 of 2019 However, even after the lapse of four months, the appellant has not filed the application to bring the legal representatives on record. Hence, the appeal stands abated. Sd/- (G BASAVARAJA) JUDGE AC CT-CMU LIST NO.: 1 SL NO.: 5