- 1 - HC-KAR NC: 2026:KHC:30171 RSA No. 1895 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1895 OF 2021 (INJ) BETWEEN: RAMAPPA, S/O RAYAPPA, AGED 89 YEARS, OCC.: AGRICULTURIST, R/AT LAKSHTAHALLI, TQ: HARIHAR, DIST. DAVANAGERE. BY HIS POWER OF ATTORNEY HOLDER, SRI. MANJUNATH, S/O RAMAPPA, AGE 49 YEARS, OCC. AGRICULTURIST, R/O LAKSHTAHALLI, TQ.: HARIHAR, DISTRICT : DAVANAGERE. …APPELLANT (BY SRI. K.L. SREENIVAS., ADVOCATE (ABSENT)) AND: 1. H.M.BASAPPA, S/O MAHADEVAPPA, AGED 59 YEARS, LINGAYATHS, OCC.: AGRICULTURIST, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:30171 RSA No. 1895 of 2021 TQ. HARIHAR, DIST. DAVANAGERE. 2. L.B.PRAKASH, S/O HANUMANTHAPPA, AGED 49 YEARS, LINGAYATHS, OCC. AGRICULTURIST, R/O LAKSHTAHALLI, TQ. HARIHAR, DIST. DAVANAGERE. 3. GOWDRA CHANDRAPPA, S/O HANUMANTHAPPA, AGED 49 YEARS, LINGAYATHS, OCC. AGRICULTURIST, R/O LAKSHTAHALLI, TQ. HARIHAR, DIST. DAVANAGERE. 4. L.G.LINGANAGOUDA, S/O HANUMANTHAPPA, AGED 54 YEARS, LINGAYATHS, OCC. AGRICULTURIST, R/O LAKSHTAHALLI, TQ. HARIHAR, DIST. DAVANAGERE. 5. L.G. LINGANAGOUDA, S/O BASAVANAGOUDA, AGE 52 YEARS, OCC. AGRICULTURIST, R/O LAKSHTAHALLI, - 3 - HC-KAR NC: 2026:KHC:30171 RSA No. 1895 of 2021 TQ. HARIHAR, DIST. DAVANAGERE. 6. GOOLEPPA BASAVARAJAPPA, S/O SHIVAPPA, AGE 52 YEARS, LINGAYATHS, OCC. AGRICULTURIST, R/O LAKSHTAHALLI, TQ. HARIHAR, DIST. DAVANAGERE. 7. SHIVABASAPPARA KOTRAPPA, S/O DODDA HALAPPA, AGE 53 YEARS, LINGAYTHS, OCC.: AGRICULTURIST, R/O BANUVALLI, TQ. HARIHAR, DIST. DAVANAGERE. 8. SUBBANNA, S/O SANNA HALAPPA, AGE 47 YEARS, LINGAYTHS, OCC. AGRICULTURIST, R/O BANUVALLI, TQ. HARIHAR, DIST. DAVANAGERE. 9. NAGASANAHALLI SIDDAPPA, S/O KALLAPPA, AGE 53 YEARS, LINGAYTHS, OCC. AGRICULTURIST, R/O LAKSHTAHALLI, TQ. HARIHAR, DIST. DAVANAGERE. - 4 - HC-KAR NC: 2026:KHC:30171 RSA No. 1895 of 2021 10. NAGASANAHALLI MALLESHAPPA, S/O HALAPPA, AGE 53 YEARS, LINGAYTHS, OCC. AGRICULTURIST, R/O LAKSHTAHALLI, TQ. HARIHAR, DIST. DAVANAGERE. 11. SARATHI HANUMANTHAPPA, S/O NARAPPA, AGE 49 YEARS, LINGAYTHS, OCC. AGRICULTURIST, R/O LAKSHTAHALLI, TQ. HARIHAR, DIST. DAVANAGERE. 12. DODDAJJARA HANUMANTHAPPA, S/O RANGAPPA, AGED 53 YEARS, OCC. AGRICULTURIST, R/O LAKSHTAHALLI, TQ. HARIHAR, DIST. DAVANAGERE. 13. HALAPPA, S/O PALAKSHAPPA, AGE 46 YEARS, OCC. AGRICULTURIST, R/O LAKSHTAHALLI, TQ. HARIHAR, DIST. DAVANAGERE. 14. DODDAJJARA DODDAPPA, S/O MALLAPPA, AGE 44 YEARS, LINGAYTHS, OCC. AGRICULTURIST, - 5 - HC-KAR NC: 2026:KHC:30171 RSA No. 1895 of 2021 R/O LAKSHTAHALLI, TQ. HARIHAR, DIST. DAVANAGERE. 15. PARAMESHWARAPPA, S/O MALLAPPA, AGE 57 YEARS, OCC. AGRICULTURIST, R/O LAKSHTAHALLI, TQ. HARIHAR, DIST. DAVANAGERE. 16. RAYAPPA, S/O KENCHAPPA MADIWALA, AGE 59 YEARS, OCC. AGRICULTURIST, R/O LAKSHTAHALLI, TQ. HARIHAR, DIST. DAVANAGERE. 17. KOTYALU MAHESHWARAPPA, S/O NAGAPPA, AGE 60 YEARS, LINGAYTHS, OCC. AGRICULTURIST, R/O LAKSHTAHALLI, TQ. HARIHAR, DIST. DAVANAGERE. 18. DODDA NAGAPPA, S/O RAYAPPA, AGE 55 YEARS, OCC. AGRICULTURIST, R/O LAKSHTAHALLI, TQ. HARIHAR, DIST. DAVANAGERE. 19. SHIVAPPA, S/O RAYAPPA, AGED 50 YEARS, - 6 - HC-KAR NC: 2026:KHC:30171 RSA No. 1895 of 2021 OCC. AGRICULTURIST, R/O LAKSHTAHALLI, TQ. HARIHAR, DIST. DAVANAGERE. 20. SANNA KENCHAPPA, S/O MALLAPPA, MADIVALARU, AGE 49 YEARS, OCC. AGRICULTURIST, R/O LAKSHTAHALLI, TQ. HARIHAR, DIST. DAVANAGERE. …RESPONDENTS THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 28.06.2018 PASSED IN RA.NO.80/2017 ON THE FILE OF THE SENIOR CIVIL JDUGE AND JMFC, HARIHAR. DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 08.09.2017 PASSED IN O.S.NO.183/2014 ON THE FILE OF THE PRINCIPAL CIVIL JDUGE AND JMFC, HARIHAR. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT None appears for the appellant. 2. Sole appellant said to have died. Applications in IA Nos. 1, 2 and 3/2023 are filed to bring the LRs of deceased sole appellant on record, condone the delay and for setting aside abatement. There is a delay of 410 days. 3. This Court perused the material on record. - 7 - HC-KAR NC: 2026:KHC:30171 RSA No. 1895 of 2021 4. In the absence of the counsel for the appellant, suit of the plaintiff got dismissed and it was confirmed in the first appellate Court. In other words, personal remedy of the appellant got lost with his death. 5. Therefore, there is no need to bring the LRs of the deceased appellant on record. Moreover, appeal itself is filed belatedly and there is a delay of 511 days in filing the appeal and IA No.4/2023 is filed to condone the same. 6. Taking note of these aspects of the matter, right to further prosecute the appeal would not survive in the proposed LRs of the deceased appellant on record. Hence, applications are dismissed. As a consequence, appeal stands dismissed as abated. Sd/- (V SRISHANANDA) JUDGE BSV List No.: 1 Sl No.: 41