- 1 - RSA No. 5949 of 2012 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF MARCH, 2023 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA REGULAR SECOND APPEAL NO. 5949 OF 2012 (PAR-) BETWEEN: FAKKIRAYYA S/O SIDDAYYA PURANIKMATH, AGE: 73 YEARS, OCC: AGRICULTURE, R/O: HALLADAKERI, LAXMESHWAR, TQ: SHIRAHATTI, DIST: GADAG-582101. …APPELLANT (BY SRI. NANDISH PATIL, ADV. FOR SRI. F V PATIL.,ADVOCATES) AND: 1. RUDRAYYA S/O SHIVANANDAYYA PURANIKMATH, AGE: 39 YEARS, OCC: RETIRED, R/O: PUTGAON BADAMI, TQ: SHIRAHATTI, DIST: GADAG-582101. 2. SHIDDALINGAYYA S/O SHAMBULINGAYYA PURANIKMATH, AGE: 31 YEARS, OCC: COOLIE, R/O: HIREKOPPA, DIST: GADAG-582101. 3. SMT. SHAMBHAKKA W/O JAYADEVAYYA MANIHALLIMATH, AGE: 40 YEARS, OCC: HOUSEHOLD WORK, R/O: MASANAGI, TQ: BYADGI, DIST: HAVERI-581104. 4. SHADAKSHARAYYA S/O MAHANTAYYA SOPPINMATH, AGE: 55 YEARS, OCC: BUSINESS, R/O: SIDDALINGA NAGAR, GADAG-582101. 5. VIJAYAKUMAR S/O SHADAKSHARAYYA SOPPINMATH, AGE: 28 YEARS, OCC: NIL, ANNAPURNA CHINNAPPA DANDAGAL Digitally signed by ANNAPURNA CHINNAPPA DANDAGAL Location: HIGH COURT OF KARNATAKA DHARWAD - 2 - RSA No. 5949 of 2012 R/O: GADAG. DIST: GADAG-582101. 6. VIJAYALAXMI D/O SHADAKSHARAYYA SOPPINMATH, AGE: 24 YEARS, OCC: NIL, R/O: GADAG. DIST: GADAG-582101. 7. KANCHANAMALA W/O PARASHIVAMURTHY HIREMATH, AGE: 25 YEARS, OCC: HOUSEHOLD WORK, R/O: JADE, DIST: SHIMOGA-573101. …RESPONDENTS (BY SRI. G K HIREGOUDAR ADV. FOR R-1; SRI V P KULKARNI ADV. FOR R-2 AND R-3; R-4, R-5, R-6, R-7 ARE SERVED; SRI MRUTYUNJAYA AND M B MADONALLI ADV. FOR C/R-1 IN CP NO.2858/2012, ADVOCATES) THIS RSA IS FILED U/S. 100 OF C.P.C., AGAINST THE JUDGEMENT & DECREE DTD:08.08.2012 PASSED IN R.A.N0.48/2009 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT AT GADAG, ALLOWING THE APPEAL FILED AGAINST THE JUDGMENT DTD:28.07.2009 AND THE DECREE PASSED IN OS NO.150/2004 ON THE FILE OF THE ADDL. CIVIL JUDGE (SR.DN.) LAXMESHWAR, DECREEING THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING: - 3 - RSA No. 5949 of 2012 ORDER Learned counsel appearing appellant submits that sole appellant has passed away long back. Submission is placed on record. Since, sole appellant has expired long back and no steps have been taken, appeal stands abated. (Sd/-) JUDGE AC List No.: 1 Sl No.: 50