- 1 - HC-KAR NC: 2025:KHC-D:13890-DB RFA No. 100181 of 2020 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF OCTOBER 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI REGULAR FIRST APPEAL NO. 100181 OF 2020 (PAR/POS) BETWEEN: SHRI. MALSARJI S/O. TAVANAPPA PATIL AGE: 54 YEARS, OCC: BUSINESS, R/O: H.NO.34, KULKARNI GALLI, JUNE BELAGAV, BEHIND JAIN MANDIR, BELAGAVI-590005. …APPELLANT (BY SRI. SANGRAM S.KULKARNI, ADVOCATE) AND: 1. SMT. SUNANDA W/O. GOPAL PATIL, D/O. TAVANAPPA PATIL, AGE: 59 YEARS, OCC: HOUSEWIFE, R/O: H.NO.508, PATIL GALLI, AT POST: MACHHE, TAL AND DIST: BELAGAVI-590014. 2. SMT. SHRIYALA W/O. AJIT KAMATE, D/O. TAVANAPPA PATIL, AGE: 51 YEARS, OCC: HOUSEWIFE, R/O: BHARAT NAGAR, PEERANWADI, TAL AND DIST: BELAGAVI. 3. SHRI. DEVENDAR S/O. PARIS PATIL, AGE: 61 YEARS, OCC: AGRICULTURE, R/O: H.NO.34, KULKARNI GALLI, NEAR NAKA, JUNE BELAGAV, BELAGAVI-590005. Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:13890-DB RFA No. 100181 of 2020 4. SHRI. SURESH S/O. PARIS PATIL, AGE: 54 YEARS, OCC: CARPENTER, R/O. H.NO.72, KULKARNI GALLI, JUNE BELAGAV, BELAGAVI-590005. 5. SHRI. ASHOK S/O. PARIS PATIL AGE:48 YEARS, OCC: MILKMAN AND AGRICULTURE, R/O: H.NO.72, KULKARNI GALLI, JENE BELAGAVI, BELAGAVI-590005. 6. SMT. GULABI D/O. PARIS PATIL, W/O. NEMI NATH BUDAVI, AGE: 48 YEARS, OCC: HOUSEWIFE AND AGRICULTURE, R/O: H.NO.43, KALMESHWAR GALLI, AT POST: DHAMANE, TAL AND DIST: BELAGAVI. 7. SMT. SUREKHA D/O. PARIS PATIL, W/O: DASHRATH JAKNUR, AGE: 45 YEARS, OCC: HOUSEWIFE, R/O: HOSAGERI GALLI, AT POST: BASTAVAD(H), TAL AND DIST: BELAGAVI. 8. SHRI. BABU S/O. JINNAPPA PATIL AGE: 78 YEARS, OCC: AGRICULTURE, R/O: H.NO.71, KULKARNI GALLI, JUNE BELAGAV, BELAGAVI-590005. 9. SHRI. JINNAPPA @ JINADATTA BABU PATIL AGE: 53 YEARS, OCC: SERVICE, R/O: MARGAI GALLI, JUNE BELAGAV, BELAGAVI-590005. 10. SHRI. RAJENDRA RAJU S/O. BABU PATIL, AGE: 43 YEARS, OCC: MILK SERVICE, R/O: MARGAI GALLI, JUNE BELAGAV, BELAGAVI-590005. - 3 - HC-KAR NC: 2025:KHC-D:13890-DB RFA No. 100181 of 2020 11. SHRI. MAHAVEER S/O. BABU PATIL, AGE: 40 YEARS, OCC: SERVICE, R/O: MARGAI GALLI, JUNE BELAGAV, BELAGAVI-590005. 12. SMT. KAMALA W/O. MAHAVEER KALLENI @ KALLANNAVAR, AGE: 38 YEARS, OCC: HOUSEWIFE, R/O: BASTAVAD (H), TAL AND DIST: BELAGAVI. 13. SHRI. YASHWANT S/O. JINNAPPA PATIL, AGE: 76 YEARS, OCC: AGRICULTURE, R/O: H.NO.71, KULKARNI GALLI, JUNE BELAGAV, BELAGAVI-590005. …RESPONDENTS (NOTICE TO R1, R5, R6, R7, R9 AND R12 ARE SERVED BUT UNREPRESENTED; NOTICE TO R3, R4, R10 AND R11 ARE HELD SUFFICIENT; APPEAL AGAINST R8 AND R13 ARE ABATED) THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 AND 2 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 14.11.2019 PASSED IN O.S.NO.266/2014 ON THE FILE OF THE IV ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, BELAGAVI, PARTLY DECREEING THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI - 4 - HC-KAR NC: 2025:KHC-D:13890-DB RFA No. 100181 of 2020 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) Respondent Nos.8 and 13 were reported to be dead in terms of the postal shara dated 22.07.2022, and accordingly, this court dismissed the appeal as against respondent Nos.8 and 13 by order dated 22.08.2023. 2. The suit is one for partition, and this appeal is filed by defendant No.1. In view of the law laid down by the Hon’ble Apex Court in the case of SURESH CHANDRA (DECEASED) THROUGH LRS AND OTHERS VS PARASRAM & OTHERS (2025 INSC 873), the appeal abates not only against the deceased respondent Nos.8 and 13, but also against all the respondents. 3. In that view of the matter, the Regular First Appeal stands dismissed as abated. Sd/- (R.DEVDAS) JUDGE Sd/- (B. MURALIDHARA PAI) JUDGE MBS/Ct:VH