- 1 - HC-KAR NC: 2025:KHC-D:13744-DB RFA No. 100059 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 13TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE MURALIDHARA PAI B REGULAR FIRST APPEAL NO.100059/2023 (DEC/PAR) BETWEEN: SMT. SAVITRI RAMCHANDRA KAPSE, SINCE DECEASED BY HER L.R’S. APPELLANT NO.1 TO 3. 1. MR. SHIVKUMAR RAMCHANDRA KAPSE, AGE: 47 YEARS, OCC: BUSINESS, R/O. “MALLIKARJUN RESIDENCY”, FLAT NO.T-5, 2ND CROSS, BHAGYANAGAR, BELAGAVI-590006. 2. MRS. RAJESHWARI S. HEREKAR, D/O. RAMCHANDRA V. KAPSE, AGE: 50 YEARS, OCC: LEGAL PRACTITIONER, R/O. “AKASHGANGA APTS”, 3RD CROSS, BHAGYANAGAR, BELAGAVI-590006. 3. MRS. SHILPA MAHANTESH WALI, D/O. RAMCHANDRA V. KAPSE, AGE: 49 YEARS, OCC: SERVICE, R/O. PLOT NO.413, “SANTRUPTI” BUDA LAYOUT, RAMTEERTH NAGAR, BELAGAVI-590017. …APPELLANTS (BY SRI. S. V. DESHPANDE, ADVOCATE) Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench. - 2 - HC-KAR NC: 2025:KHC-D:13744-DB RFA No. 100059 of 2023 AND: 1. SMT. DHUNDAWWA VEERBHADRAPPA KAPSE, AGE: 88 YEARS, OCC: HOUSEHOLD WORK, PRESENTLY RESIDING AT: R.S.NO.15, OPP. MAHATMA GANDHI, COMPOSITE COLLEGE, NANDGAD, TQ. KHANAPUR, DIST. BELAGAVI, PIN: 591120. 2. SMT. GODAVARI VITHAL SHETTY, AGE: 84 YEARS, OCC: HOUSEHOLD WORK, R/O. BASVAN GALLI, NANDGAD, TQ. KHANAPUR, DIST, BELAGAVI, PIN: 591120. 3. SMT. PRABHAVATI NARAYAN HONNAVARKAR, AGE: 79 YEARS, OCC: HOUSEHOLD WORK, R/O. NEAR MARUTI MANDIR, MAHAVEERNAGAR, PIRANWADI, TQ. & DIST. BELAGAVI-590014. 4. SHRI SUBASH VEERBHADRAPPA KAPSE, AGE: 76 YEARS, OCC: AGRICULTURE, R/O. G.P.NO.48, BERAD GALLI, NANDGAD, TQ. KHANAPUR, DIST. BELAGAVI, PIN: 591120. 5. MRS. SHASHIKALA ISHWAR GUNDPI, AGE: 68 YEARS, OCC: HOUSEHOLD WORK, R/O. PLOT NO.523, BUDA LAYOUT, RAMTIRTH NAGAR, BELAGAVI-590017. 6. SMT. RATNA MALLIKARJUN KAPSE, AGE: 59 YEARS, OCC: HOUSEHOLD WORK, PRESENTLY RESIDING AT: R.S.NO.15, OPP. MAHATMA GANDHI, COMPOSITE COLLEGE, NANDGAD, TQ. KHANAPUR, DIST. BELAGAVI, PIN: 591120. 7. SMT. KAVITA D/O. MALLIKARJUN KAPSE, W/O. SHRINIVAS TIMMANGOUDAR, - 3 - HC-KAR NC: 2025:KHC-D:13744-DB RFA No. 100059 of 2023 AGE: 41 YEARS; OCC: SERVICE, NOW R/O. SR. ENGINEER AT IBM INDIA PVT. LTD., MANYATA TECH PARK, BANGALORE-17. 8. VEERENDRA MALLIKARJUN KAPSE, AGE: 43 YEARS, OCC: BUSINESS, NOW R/O. R.S.NO.15, OPP.MAHATMA, GANDHI COMPOSITE COLLEGE, NANDGAD, TQ. KHANAPUR, DIST. BELAGAVI, PIN: 591120. 9. MISS. SARITA MALLIKARJUN KAPSE, AGE: 39 YEARS, OCC: SERVICE, R/O. C/O. RATNA KAPSE, R.S.NO.15, OPP. MAHATMA GANDHI, COMPOSITE COLLEGE, NANDGAD, TQ. KHANAPUR, DIST. BELAGAVI, PIN: 591120. 10. MISS. ASHWINI D/O. MALLIKARJUN KAPSE, W/O. SHIVLINGAYYA ALLAYYANAVARMATH, AGE: 36 YEARS, OCC: SERVICE, NOW R/O. PLOT NO.171 A2, SY. NO.319, 328, BELUR-DHARWAD-580011. 11. SMT. MANJULA SHRISHAIL KAPSE, AGE: 51 YEARS, OCC: POLITICIAN, NOW R/O. BASAVNAGAR, HALIYAL ROAD, DHARWAD-580003. 12. AKSHAY SHRISHAIL KAPSE, AGE: 30 YEARS, OCC: BUSINESS, NOW R/O. BASAVNAGAR, HALIYAL ROAD, DHARWAD-580003. 13. AAKASH SHRISHAIL KAPSE, AGE: 27 YEARS, OCC: BUSINESS, NOW R/O. BASAVNAGAR, HALIYAL ROAD, DHARWAD-580003. 14. SHRI SHIVANAND BABU TURMURI, - 4 - HC-KAR NC: 2025:KHC-D:13744-DB RFA No. 100059 of 2023 AGE: 49 YEARS, OCC: BUSINESS, R/O. BAZAAR PETH, NANDGAD-591120. 15. SHRI ANIL SHANTINATH KABBUR, AGE: 55 YEARS, OCC: BUSINESS, R/O. BASTI GALLI, NANDGAD, PIN: 591120. 16. THE MANAGER, STATE BANK OF INDIA, KHANAPUR-591302. 17. THE MANAGER, STATE BANK OF INDIA, M.K.HUBLI-591118. …RESPONDENTS (BY SRI. MALLIKARJUNSWAMY B. HIREMATH AND SRI. UMESH P. HAKKARAKI, ADV. FOR R6, R11 AND R12; SRI. GOPALAKRISHNA KURANDWAD, ADV. FOR R14 & R15; NOTICE TO R4, R5, R13, R16, R17 ARE SERVED BUT UNREPRESENTED; VIDE ORDER DATED 20.11.2024, APPEAL AGAINST R2 & R3 ABATED; NOTICE TO R1, R7, R8 & R9 IS HELD SUFFICIENT; NOTICE TO R10-UNCLAIMED) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 OF CPC., 1908, PRAYING TO CALL FOR THE RECORDS IN O.S. NO.07/2013 ON THE FILE OF LEARNED SENIOR CIVIL JUDGE AND JMFC, KHANAPUR, DIST. BELAGAVI AND ALLOW THE APPEAL BY SETTING ASIDE THE JUDGMENT AND DECREE PASSED IN O.S. NO.07/2013 DATED 13/12/2022 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC KHANAPUR, DIST. BELAGAVI AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC-D:13744-DB RFA No. 100059 of 2023 CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE MURALIDHARA PAI B ORAL ORDER (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) We see from the order dated 20.11.2024 that this Regular First Appeal has been dismissed as abated against respondent Nos. 2 and 3. The said order was passed after taking note of the fact that the death of respondent Nos. 2 and 3 were brought to the notice of this Court, as reflected in the postal endorsement dated 09.06.2023. Till date, no steps have been taken by the appellants against the said order dated 20.11.2024. 2. Since the present appeal arises out of a suit for partition, we are constrained to hold that the entire appeal stands abated, in view of the law laid down by the Hon’ble Supreme Court in Suresh Chandra (deceased) Thr. L.Rs. and Others v. Parasram and Others, - 6 - HC-KAR NC: 2025:KHC-D:13744-DB RFA No. 100059 of 2023 reported in 2025 INSC 873. Accordingly, the Regular First Appeal stands dismissed as abated. Sd/- (R.DEVDAS) JUDGE Sd/- (MURALIDHARA PAI B) JUDGE VB /CT-AN List No.: 1 Sl No.: 7