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2025 DAILYLAW 85309 (KAR)

HANAMANTAPPA S/O.NINGAPPA MUGADUR v. BASAPPA S/O. NINGAPPA MUGADAR

RSA/5619/2013 · 2025-10-13

Addl Registrar Judicial

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Judgment text

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RSA NO. 5619/2013 IN THE HIGH COURT OF KARNATAKA AT DHARWAD [HANAMANTAPPA S/O.NINGAPPA MUGADUR AND OTHERS VS. BASAPPA S/O. NINGAPPA MUGADAR] 13.10.2025 ( PHYSICAL HEARING) CORAM: ADDL. REGISTRAR JUDICIAL ORAL ORDER Case is called out. Parties are absent. Ms. Sonu Suheil, Advocate for Sri Sharad V. Magadum, Advocate submits that the appeal be dismissed as abated as the respondent is dead. On perusal of the records it is seen that, it is reported by the learned Counsel for the Respondent to the Court on 06.12.2022 that, the Respondent has passed away about five years ago. The appeal stands abated in view of the death of the sole Respondent. The Registrar has the powers to pass Orders on the uncontested applications. The records in this case show that, there is a submission by the learned Counsel for the Respondent itself that, the Respondent is dead. The Appellants now want to get the appeal dismissed as abated. - 2 - RSA NO. 5619/2013 Hence, considering the submission of the learned Counsel for the Appellant, the undersigned proceeds to pass, the following ORDER The Regular Second Appeal filed by the Appellants under Section 100 of CPC is dismissed as abated with no order as to costs. Send the copy of this Order along with the Trial Court Records to both the Courts below for their record. Sd/- [JERALD RUDOLPH MENDONCA] (ADDL. REGISTRAR JUDICIAL) List No.: 56 Sl No.: 65