- 1 - HC-KAR NC: 2025:KHC-D:15667 RSA No. 100640 of 2017 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REGULAR SECOND APPEAL NO.100640 OF 2017 (DEC/INJ) BETWEEN: GALI CHANNABASAPPA S/O. ADIVEPPA, AGE: 61 YEARS, OCC. AGRICULTURE, R/O. VARADAPUR VILLAGE, TQ. HAGARIBOMMANAHALLI, DISTRICT: BALLARI-583212. …APPELLANT (BY SRI. DAYANAND M. BANDI, ADVOCATE) AND: 1. KESARBHANDI NINGAPPA S/O. DODDAKADLEPPA, AGE: 69 YEARS, OCC. AGRICULTURE, R/O. VARADAPUR VILLAGE, TQ. HAGARIBOMMANAHALLI, DISTRICT: BALLARI-583212. 2. 2A. GALI POMPANNA SINCE DECEASED BY HIS LRS., GALI NINGAMMA W/O. GALI POMPANNA, AGE: 56 YEARS, OCC. AGRICULTURE, R/O. VARADAPUR VILLAGE, TQ. HAGARIBOMMANAHALLI, DISTRICT: BALLARI-583212. …RESPONDENTS (BY SRI. DINESH M. KULKARNI, ADVOCATE FOR C/R1; R2(A)-NOTICE SERVED) THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 23.03.2017 PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE AND JMFC HAGARIBOMMANAHALLI IN R.A.NO.33/2016 AND TO CONFIRM THE JUDGMENT AND DECREE DATED 11.07.2014 PASSED BY THE COURT OF THE CIVIL JUDGE AND JMFC HAGARIBOMMANAHALLI IN O.S.NO.57/2011 IN THE INTEREST OF JUSTICE AND EQUITY. YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.11.18 10:35:33 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15667 RSA No. 100640 of 2017 THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C M JOSHI) Learned counsel for the respondents submits that the sole appellant and respondent No.2A have died on 03.06.2022 and 05.10.2024, respectively. He has filed a memo to that effect. Hence, the appeal stands abated. SD/- (C M JOSHI) JUDGE YAN CT:PA LIST NO.: 1 SL NO.: 17