- 1 - HC-KAR NC: 2025:KHC:37754 MSA No. 82 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA MISCELLANEOUS SECOND APPEAL NO. 82 OF 2021 (RO) BETWEEN: HANUMAIAH S/O LATE KARIYAPPA, AGED ABOUT 93 YEARS, RESIDENT OF GONIHALLI VILLAGE, KOLALA HOBLI, KORATAGERE TALUK, TUMKURU DIST - 572101 …APPELLANT (BY SRI. MUHAMMED IRFAAN ALI, ADVOCATE FOR SRI. HARISH H.V, ADVOCATE) AND: 1. G.M.GOVINDARAJU S/O MOODLAPPA, AGED ABOUT 62 YEARS, 2. G M ARASAPPA S/O MOODLAPPA, AGED ABOUT 49 YEARS, 3. THIMMAKKA W/O NANJUNDAPPA, AGED ABOUT 69 YEARS, RESPONDENT NO.1 TO 3 ARE R/AT GONIHALLI VILLAGE, KOLALA HOBLI, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37754 MSA No. 82 of 2021 KORATAGERE TALUK, TUMKURU DIST - 572 101 4. JAYAMMA W/O LATE K T HANUMANTHARAYAPPA, AGED ABOUT 73 YEARS, R/AT KYATHAGANAHALLY VILLAGE, KOLALA HOBLI, KORATAGERE TALUK, TUMKURU DIST - 572 101. 5. RATHNAMMA W/O LATE KARIYAPPA, AGED ABOUT 65 YEARS, R/AT THIMMASANDRA VILLAGE, KOLALA HOBLI, KORATAGERE TALUK, TUMKURU DIST - 572 101 6. NAGAMMA W/O HANUMANTHARAYAPPA, AGED ABOUT 51 YEARS, R/AT HOSPETE, KOLALA HOBLI, KORATAGERE TALUK, TUMKURU DIST - 572 101 7. GOVINDAPPA S/O THIMMAPPA, AGED ABOUT 67 YEARS SIDDAIAH, S/O THIMMAIAH, SINCE DEAD BY LRS. 8. GORAMMA, W/O SIDDAIAH, AGED ABOUT 62 YEARS, - 3 - HC-KAR NC: 2025:KHC:37754 MSA No. 82 of 2021 9. PARTHESH S S/O SIDDIAH, AGED ABOUT 24 YEARS, 10. PUNEETH S/O SIDDIAH, AGED ABOUT 21 YEARS, 11. SURESH S/O THIMMIAH, AGED ABOUT 43 YEARS, 12. HANUMAKKA W/O RAMAMURTHY, AGED ABOUT 49 YEARS, R/AT MARAGONDANAGUDI, KOLALA HOBLI, KORATAGERE TALUK, TUMKURU DIST - 572 101 13. LAKKAMMA W/O BANAPPA, AGED ABOUT 46 YEARS, R/AT MARAGONDANAGUDI, KOLALA HOBLI, KORATAGERE TALUK, TUMKURU DIST - 572 101 14. LAKSHMAMMA W/O GOVINDAPPA, AGED ABOUT 72 YEARS, 15. DEVARAJU S/O LATE GOVINDAPPA, AGED ABOUT 47 YEARS, RESPONDENT NO.14 AND 15 ARE R/AT BARAGOOR VILLAGE, - 4 - HC-KAR NC: 2025:KHC:37754 MSA No. 82 of 2021 SOMAPURA HOBLI, NELAMANGALA TLAUK, BENGALURU RURAL DIST - 562 123. 16. GANGAMMA W/O RAJASHEKARAIAH, AGED ABOUT 54 YEARS, R/AT CHIKKAMANKALALA, BELAVANGALA HOBLI, KOLAGERE POST, DODDABALLAPURA TALUK, BENGALURU RURAL DIST - 561 203 17. HANUMAKKA W/O VENKATACHALAIAH, AGED ABOUT 51 YEARS, R/AT THEMBENAHALLY, GOLLAHALLI, BELAVANGALA HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT - 561 203. …RESPONDENTS (BY SRI. KAMARAJU, ADVOCATE FOR R1 TO R6; R7 TO R16 ARE SERVED AND UNREPRESNTED VIDE ORDER DATED 18.07.2022, NOTICE TO R17 IS HELD SUFFICIENT) THIS MSA IS FILED UNDER ORDER 43 RULE 1(u) OF CPC AGAINST THE JUDGMENT AND DECREE DATED 30.09.2021 PASSED IN RA No.5009/2020 ON THE FILE OF THE IV ADDITIONAL DISTRICT JUDGE, TUMAKURU, SITTING AT MADHUGIRI, PARTLY ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT DATED 14.01.2020 PASSED IN OS No.33/2013 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, MADHUGIRI, DISMISSING THE SUIT FOR PARTITION AND SEPARATE POSSESSION REMANDING BACK TO THE TRIAL COURT WITH A DIRECTIONS. - 5 - HC-KAR NC: 2025:KHC:37754 MSA No. 82 of 2021 THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Learned counsel for the appellant has filed a memo reporting the death of the sole appellant who died on 10.03.2023, which reads as under: "The undersigned counsel on behalf of Appellant humbly submits that the Appellant Sri. Hanumaiah is deceased on 10.03.2023. The same may kindly be taken on record in the interest of justice." By operation of law, appeal stands abated. Hence, appeal is dismissed as abated. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 28