- 1 - NC: 2025:KHC-K:2273 RSA No. 7148 of 2012 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR SECOND APPEAL NO. 7148 OF 2012 (DEC/INJ) BETWEEN: 1. MAREMMA W/O MALKAPPA AGE: 65 YEARS, OCC: AGRICULTURE, DIED ON 08.05.2014 2. MALLIKARJUN S/O MALKAPPA AGE: 34 YEARS, OCC: PVT. SERVICER DIED BY HIS LRS A. CHANDRAKALA W/O LATE MALLIKARJUN AGE: 36 YEARS, OCC: HOUSEHOLD¸ B. RAJESHWARI D/O LATE MALLIKARJUN AGE: 18 YEARS, OCC: STUDENT C. ROHIT S/O LATE MALLIKARJUN AGE: 14 YEARS, OCC: STUDENT D. AISHWARYA D/O LATE MALLIKARJUN Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2273 RSA No. 7148 of 2012 AGE: 12 YEARS, OCC: STUDENT E. ABHI S/O LATE MALLIKARJUN AGE: 8 YEARS, OCC: STUDENT THE LRS OF R2 (C) TO E ARE MINORS REPRESENTED BY THEIR MOTHER APPELLANT N:2 (A) AS N/G. 3. SUNILKUMAR S/O MALKAPPA AGE: 24 YEARS, OCC: PVT. SERVICE, ALL ARE R/O: KHASL GALLI, CHITTAPUR, DIST: GULBARGA. …APPELLANTS (BY SRI SHARANABASAPPA K.BABSHETTY, ADVOCATE) AND: 1. DEVAPUTRAPPA S/O CHIKANNA AGE: 66 YEARS, OCC: HOUSEHOLD, R/O: BASAVAN NAGAR, BEHIND POLICE STATION, CHITTAPUR. 2. MAREPPA S/O SABANNA AGE: 56 YEARS, OCC: COOLIE, R/O: BAREPETH, TQ: CHITTAPUR. 3. SABANNA S/O RAYAPPA AGE: 66 YEARS, - 3 - NC: 2025:KHC-K:2273 RSA No. 7148 of 2012 OCC: AGRICULTURE, R/O: BASAVA NAGAR, BEHIND POLICE STATION, CHITTAPUR SINDE DECEASED THROUGH LRS SRI SHAMRAYA S/O LATE SABANNA AGE: 40 YEARS, OCC: AGRICULTURE, R/O: BASAVAN NAGAR, BEHIND POLICE STATION, CHITTAPUR, DIST: GULBARGA. 4. GANGAMMA D/O KASHAPPA W/O BHEEMANNA MANG AGE: 56 YEARS, OCC: COOLIE AND AGRICULTURE, R/O: BAREPETH TQ: CHITTAPUR. 5. MAREPPA S/O SABANNA AGE: 61 YEARS, OCC: COOLIE, R/O: BAREPETH TQ: CHITTAPUR. 6. SIDRAM S/O KASHAPPA AGE: 56 YEARS, OCC: COOLIE, R/O: BAREPETH TQ: CHITTAPUR. 7. YESHWANT S/O MALLAPPA AGE: 46 YEARS, OCC: COOLIE, R/O: BAREPETH TQ: CHITTAPUR. - 4 - NC: 2025:KHC-K:2273 RSA No. 7148 of 2012 8. YESHWANT SABANNA AGE: 46 YEARS, OCC: COOLIE, R/O: BAREPETH TQ: CHITTAPUR. 9. I. BHEEMANNA MANG SINCE DECEASED THROUGH LRS. SUJJAMMA D/O BHIMANNA AGE: 57 YEARS, OCC: HOUSE HOLD & AGRICULTURE, II. SUJAMMA D/O BHIMANNA, AGE: 55 YEARS, OCC: HOUSE HOLD & AGRICULTURE, III. INDRAMMA D/O BHIMANNA AGE: 52 YEARS, OCC: HOUSE HOLD & AGRICULTURE, ALL ARE R/O: CHITTAPUR, DIST: GULBARGA. 10. LAXMI W/O CHANDRAPPA AGE: 66 YEARS, OCC: HOUSE HOLD, R/O: BASAV NAGAR, SEDAM. 11. NAGENDRA S/O MALKAPPA AGE: 31 YEARS, OCC: AGRICULTURE, R/O: KHASHI GALLI, CHITTAPUR. 12. VIJAYLAXMI W/O ARUNKUMAR AGE: 28 YEARS, - 5 - NC: 2025:KHC-K:2273 RSA No. 7148 of 2012 OCC: HOUSEHOLD, R/O: BASAVAN NAGAR, SEDAM. 13. MALLAMMA W/O MALLAPPA AGE: 86 YEARS, OCC: HOUSEHOLD, R/O: BASAVAN NAGAR, SEDAM. 14. MALKAMMA W/O BHOWNAPPA AGE: 91 YEARS, OCC: HOUSEHOLD, R/O: BASAVAN NAGAR, SEDAM. 15. KASHAMMA W/O MAREPPA AGE: 71 YEARS, OCC: HOUSEHOLD, R/O: BOMANALLI, TQ: CHITTAPUR. …RESPONDENTS (BY SRI VINAYAK APTE, ADVOCATE FOR R4, R9(I) TO R9(III) ; R1 TO R3, R5 TO R7, R10, R14 ARE SERVED; V/O DATED 02.07.2024 THE APPEAL IS ABATED AGAINST DECEASED R8, R13 AND R15) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC, PRAYING TO ALLOW THIS APPEAL AND MODIFIED THE JUDGMENT AND DECREE DATED 17.12.2009 PASSED BY THE CIVIL JUDGE (SR.DN) AT CHITTAPUR, IN O.S.NO.111/2006, AND ALSO SET ASIDE THE JUDGMENT AND DECREE DATED 15.02.2012, PASSED BY THE IV ADDITIONAL DISTRICT JUDGE AT GULBARGA IN R.A.NO.27/2010, IN THE INTEREST 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 - 6 - NC: 2025:KHC-K:2273 RSA No. 7148 of 2012 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) There is no representation for both the parties. 2. Hence, the appeal is dismissed for non-prosecution. Sd/- (ANANT RAMANATH HEGDE) JUDGE THM List No.: 1 Sl No.: 7