- 1 - HC-KAR NC: 2025:KHC-D:15502-DB RFA No. 100389 of 2020 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 13TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI R.F.A. NO.100389 OF 2020 (DEC/POS) BETWEEN: GURUDATTA S/O. ANANTH RAYKAR, AGE: 58 YEARS, OCC: AGRICULTURE, R/O. AKSHAY COLONY, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD-580021. …APPELLANT (BY SRI. PATIL NANDEESH HANAMANTGOUDA AND SRI. SRINIVAS A. MULLUR AND SMT. NIRMALA B. G., ADVS.) AND: 1. NAGARAJ S/O. SHANKREPPA SURYAVAMSHI, AGE: 50 YEARS, OCC: AGRICULTURE. 2. NARAYAN S/O. SHANKREPPA SURYAVAMSHI, AGE: 45 YEARS, OCC: AGRICULTURE. 3. DYAMAVVA W/O. SHANKREPPA SURYAVAMSHI, AGE: 84 YEARS, OCC: HOUSEHOLD WORK. 4. VAJRAVATHI W/O. SANNANINGAPPA SHETTIVANNAVAR, AGE: 49 YEARS, OCC: HOUSEHOLD WORK. 5. BASAPPA S/O. NEELAPPA @ NEELAKANTAPPA SURYAVAMSHI, AGE: 54 YEARS, OCC: AGRICULTURE. 6. SHIVAPPA S/O. NEELAPPA @ NEELAKANTAPPA SURYAVAMSHI, AGE: 51 YEARS, OCC: AGRICULTURE. Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench. - 2 - HC-KAR NC: 2025:KHC-D:15502-DB RFA No. 100389 of 2020 7. SHEKAVVA W/O. NEELAPPA SURYAVAMSHI, AGE: 74 YEARS, OCC: HOUSEHOLD WORK. 8. MAHADEVI W/O. GANAPATI BALEKUNDRI, AGE: 49 YEARS, OCC: HOUSEHOLD WORK. 9. MEENAKSHI W/O. DEVAPPA @ DEVENDRAPPA SURYAVAMSHI, AGE: 47 YEARS, OCC: HOUSEHOLD WORK. 10. SWATI D/O. DEVAPPA SURYAVAMSHI, AGE: 23 YEARS, OCC: HOUSEHOLD WORK. 11. PREETI D/O. DEVAPPA SURYAVAMSHI, AGE: 20 YEARS, OCC: STUDENT. 12. RANI D/O. DEVAPPA SURYAVAMSHI, AGE: 19 YEARS, OCC: HOUSEHOLD WORK. 13. SUVARNAVVA W/O. BASAPPA JADHAV, AGE: 41 YEARS, OCC: HOUSEHOLD WORK. 14. TAYAVVA W/O. YALLAPPA SURYAVAMSHI, AGE: 74 YEARS, OCC: HOUSEHOLD WORK. 15. SANNABASAPPA YALLAPPA SURYAVAMSHI, AGE: 43 YEARS, OCC: AGRICULTURE. 16. GANGAVVA W/O. GANGAPPA ARER @ SURYAVAMSHI, AGE: 87 YEARS, OCC: HOUSEHOLD WORK. 17. BASAVVA W/O. PARASAPPA SHINDHE, AGE: 67 YEARS, OCC: HOUSEHOLD WORK. 18. SHRIKANTH S/O. GANGAPPA SURYAVAMSHI, AGE: 65 YEARS, OCC: AGRICULTURE. 19. KONTEVVA W/O. YALLAPPA MUGALI, AGE: 63 YEARS, OCC: HOUSEHOLD WORK. 20. BACHCHEVVA W/O. MARUTI SHINDHE, AGE: 61 YEARS, OCC: HOUSEHOLD WORK. - 3 - HC-KAR NC: 2025:KHC-D:15502-DB RFA No. 100389 of 2020 21. SARASWATI W/O. MADIWALAPPA RAYAPUR, AGE: 59 YEARS, OCC: HOUSEHOLD WORK. 22. MANJUNATH S/O. GANGAPPA ARER @ SURYAVAMSHI, AGE: 57 YEARS, OCC: AGRICULTURE. 23. SUGANDEVVA W/O. SHIVAPPA BINDAPPANAVAR, AGE: 53 YEARS, OCC: HOUSEHOLD WORK. 24. TANGEVVA W/O. BHEEMAPPA UDOJI, AGE: 49 YEARS, OCC: HOUSEHOLD WORK. 25. MANJULA W/O. YALLAPPA SURYAVAMSHI, AGE: 39 YEARS, OCC: HOUSEHOLD WORK. 26. HARISH S/O. YALLAPPA SURYAVAMSHI, AGE: 19 YEARS, OCC: STUDENT. 27. AKSHATA D/O. YALLAPPA SURYAVAMSHI, AGE: 17 YEARS, OCC: STUDENT. 28. ASHWINI D/O. YALLAPPA SURYAVAMSHI, AGE: 16 YEARS, OCC: STUDENT, (THE RESPONDENTS NO.27 & 28 ARE MINORS, REPRESENTED BY THEIR NATURAL MOTHER RESPONDENT NO.25). ALL ARE RESIDENT OF YARIKOPPA VILLAGE, TQ. & DIST: DHARWAD-580114. …RESPONDENTS (BY SMT. KAVITA JADHAV, ADV. FOR SRI. ARUN L. NEELOPANT, ADV. FOR R1 TO R4; NOTICE TO R5, R8 TO 13, R15, R16, R18, R21, R22, R24 TO R26 IS SERVED, BUT UNREPRESENTED; V/O/D.23.11.2024, APPEAL AGAINST R7, R14 & R23-ABATED) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CPC., PRAYING TO ALLOW THIS APPEAL BY SETTING ASIDE THE JUDGMENT AND DECREE PASSED IN COUNTERCLAIM FILED BY RESPONDENTS NO.1 TO 4 IN O.S.NO.42/2013 BY 1ST ADDITIONAL SENIOR CIVIL JUDGE AND CJM, DHARWAD DATED 28.02.2020 AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:15502-DB RFA No. 100389 of 2020 CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI ORAL ORDER (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) It is seen that this appeal arising out of a suit for partition is dismissed as abated as against respondents No.7, 14 and 23 by order dated 23.11.2024. Nevertheless, no steps have been taken by the appellants to get the appeal restored insofar as those respondents are concerned. Further, having regard to the recent judgment of the Hon’ble Supreme Court of India in the case of Suresh Chandra (Deceased) through LRs & Ors. v. Parasram & Ors., reported in 2025 INSC 873, in such matters, the appeal does not abate only against one party, it abates against all the parties. In that view of the matter, the appeal stands dismissed as abated. Sd/- (R.DEVDAS) JUDGE Sd/- (B. MURALIDHARA PAI) JUDGE CKK /CT-AN