- 1 - NC: 2025:KHC-K:1456 RSA No. 200133 of 2016 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR SECOND APPEAL NO.200133 OF 2016 (PAR-) BETWEEN: DAULATRAYA S/O SAHEBGOUDA AGE: 60 YEARS, OCC: AGRICULTURE, R/O: KATTI SANGAVI, TQ: JEWARGI, DIST: KALABURAGI – 585 310. …PETITIONER (BY SRI SHIVAKUMAR KALLOOR, ADVOCATE) AND: 1. BAPUGOUDA S/O SAHEBGOUDA AGE: 70 YEARS, OCC: AGRICULTURE, 2. SHANKARGOUDA S/O SAHEBGOUDA AGE: 68 YEARS, OCC: AGRICULTURE, 3. GURUNNAGOUDA S/O SAHEBGOUDA AGE: 62 YEARS, OCC: AGRICULTURE, Digitally signed by SHIVAKUMAR HIREMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1456 RSA No. 200133 of 2016 4. RAVINDRAGOUDA S/O SAHEBGOUDA AGE: 56 YEARS, OCC: AGRICULTURE, ALL R/O: KODALGI, TQ: SHAHAPUR, DIST: YADGIR – 585 203. 5. 5.I) 5.II) 5.III) 5.IV) 5.V) MALLANGOUDA S/O SAHEBGOUDA (DIED) SINCE DECEASED BY HIS LRS NINGAMMA W/O LATE MALLANGOUDA, AGE: 55 YEARS, OCC: HOUSEHOLD, UTTAMGOUDA S/O LATE MALLANGOUDA, AGE: 35 YEARS, OCC: AGRICULTURE, MALLESHGOUDA S/O LATE MALLANGOUDA AGE: 33 YEARS, OCC: AGRICULTURE ALL R/O: KATTI SANGAVI, TQ: JEWARGI, DIST: KALABURAGI – 585 310. LAXMIBAI W/O NINGANGOUDA AGE: 40 YEARS, OCC: HOUSEHOLD, R/O: KEROTAGI, TQ: SINDAGI, DIST: VIJAYAPURA – 586 201. SHARANAMMA W/O LINGANGOUDA, - 3 - NC: 2025:KHC-K:1456 RSA No. 200133 of 2016 AGE: 38 YEARS, OCC: HOUSEHOLD, R/O: C/O: SANGANNA HOSAMANI KUKNOOR, ACC FACTORY, WADI H.NO. 44, TQ: CHITTAPUR – 585 211. 6. MALKAMMA W/O SIDDANGOUDA AGE: 60 YEARS, OCC: HOUSEHOLD, R/O: KACHAPUR, TQ: SHORAPUR, DIST: KALABURAGI – 585 203. 7. DEVENDRAMMA W/O REVASIDDAPPAGOUDA AGE: 58 YEARS, OCC: HOUSEHOLD, R/O: MANNAPUR, TQ: SIDAGI, DIST: VIJAYAPURA – 585 201. …RESPONDENTS (BY SRI SHIVANAND PATIL, ADVOCATE) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC, PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND DECREE DATED 12.01.2016 PASSED BY III ADDITIONAL DISTRICT JUDGE KALABURAGI IN R.A.NO.37/2011 CONFIRMING THE JUDGMENT AND DECREE DATED 31.07.2010 PASSED BY CIVIL JUDGE (SR.DN), JEWARGI IN O.S.NO.196/2005 AND ALLOW THE SUIT O.S.NO.196/2005 FILED BY THE APPELLANT, IN ENDS OF JUSTICE AND EQUITY. THIS REGULAR SECOND APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE - 4 - NC: 2025:KHC-K:1456 RSA No. 200133 of 2016 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) It is noticed that more than three months have elapsed since the death of sole appellant. No steps are taken to substitute the legal heirs and it is also noticed that more than three months have elapsed since the death of respondents 1 to 3. No steps are taken to substitute the legal heirs. 2. Hence, the appeal is dismissed as abated as against the sole appellant as well as the respondents 1 to 3. Sd/- (ANANT RAMANATH HEGDE) JUDGE THM List No.: 1 Sl No.: 18