- 1 - HC-KAR NC: 2025:KHC-D:17602-DB RFA No. 100161 of 2018 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI R.F.A. NO.100161 OF 2018 (PAR/POS) BETWEEN: SMT. PARVATI W/O. BALAPPA AMBIGER, AGE: 72 YEARS, OCC: AGRICULTURE, R/O. HALYAL VILLAGE-591304, TAL. ATHANI, DIST. BELAGAVI. …APPELLANT (BY SRI G. B. NAIK AND SMT. P. G. NAIK, ADVOCATES) AND: 1. SMT. SHIVUBAI W/O. APPANNA BHUSNAIK, AGE: 57 YEARS, OCC: NIL, R/O. HALYAL VILLAGE-591304, TAL. ATHANI, DIST. BELAGAVI. 2. SMT. NEELAWWA W/O. RAYAPPA BHUSNAIK, AGE: 72 YEARS, OCC: AGRICULTURE, R/O. HALYAL VILLAGE-591304, TAL. ATHANI, DIST. BELAGAVI. 3. SHRI BHIMAPPA RAYAPPA BHUSNAIK, AGE: 52 YEARS, OCC: AGRICULTURE, Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench. - 2 - HC-KAR NC: 2025:KHC-D:17602-DB RFA No. 100161 of 2018 R/O. HALYAL VILLAGE-591304, TAL. ATHANI, DIST. BELAGAVI. 4. SHRI RAMAPPA RAYAPPA BHUSNAIK, AGE: 59 YEARS, OCC: AGRICULTURE, R/O. HALYAL VILLAGE-591304, TAL. ATHANI, DIST. BELAGAVI. 5. SMT. YALLAWWA W/O. YALLAPPA DARUR, AGE: 46 YEARS, OCC: AGRICULTURE, R/O. HALYAL VILLAGE-591304, TAL. ATHANI, DIST. BELAGAVI. 6. SHRI LAXMAN YALLAPPA WALIKAR, AGE: 77 YEARS, OCC: NIL, R/O. HALYAL VILLAGE-591304, TAL. ATHANI, DIST. BELAGAVI. …RESPONDENTS (BY SMT. USHA H. DESHPANDE, ADV. FOR R1; SRI H. R. DESHPANDE, ADV. FOR R6; R2 AND R3-DECEASED; NOTICE TO R4 IS SERVED, BUT UNREPRESENTED; SERVICE OF NOTICE TO R5 IS HELD SUFFICIENT) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 READ WITH ORDER XLI RULE 1 & 2 OF CPC., 1908, PRAYING TO THE JUDGMENT AND DECREE DATED 03.02.2018 PASSED IN O.S.NO.197/2010 BY THE PRINCIPAL SENIOR CIVIL JUDGE, ATHANI BE SET ASIDE AND SUIT OF THE PLAINTIFF BE DECREED, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:17602-DB RFA No. 100161 of 2018 CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI ORAL ORDER (PER: HON'BLE MR JUSTICE R.DEVDAS) Learned counsel for the appellant submits that the application to bring the legal representatives of the deceased respondent No. 3 on record is ready, but the affidavit has not yet been signed and sworn by the appellant. Therefore, learned counsel seeks for short accommodation. 2. We see from the record that this appeal was dismissed against respondent Nos.2 and 3 by order dated 14.10.2020 for non-prosecution in taking steps. However, the said order was recalled on 19.07.2024. Thereafter, it is found that respondent No. 3 had died on 13.01.2015, during the pendency of the suit. In that view of the matter, time had been granted to the appellant to take steps in respect of the deceased respondent No.3. However, till date, no steps have been taken by the appellant. - 4 - HC-KAR NC: 2025:KHC-D:17602-DB RFA No. 100161 of 2018 3. Since the present appeal arises from 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 Other, reported in 2025 INSC 873. Accordingly, the Regular First Appeal is dismissed as abated. Sd/- (R.DEVDAS) JUDGE Sd/- (B. MURALIDHARA PAI) JUDGE VB /CT-AN List No.: 1 Sl No.: 1