- 1 - HC-KAR NC: 2026:KHC:32729 RSA No. 1051 of 2021 C/W RSA No. 1052 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1051 OF 2021 (DEC/INJ) C/W REGULAR SECOND APPEAL NO. 1052 OF 2021 IN RSA No. 1051/2021 BETWEEN: 1. SRI. PUTTARAJU S/O. CHENNEGOWDA, AGED ABOUT 62 YEARS 2. SRI. MARIGOWDA S/O. CHENNEGOWDA, AGED ABOUT 59 YEARS 3. SRI. SHEKARA S/O. SIDDEGOWDA, AGED ABOUT 52 YEARS 4. SRI. KUMAR S/O. SIDDEGOWDA, AGED ABOUT 49 YEARS ALL ARE R/O. BANAVASE VILLAGE, KATTAYA HOBLI, HASSAN TALUK - 571 187 …APPELLANTS (BY SRI. ADINARAYAN, ADVOCATE FOR APPELLANTS NO.1 & 2 SRI. D.N. NAGARAJ, ADVOCATE FOR APPELLANTS NO.3 & 4) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:32729 RSA No. 1051 of 2021 C/W RSA No. 1052 of 2021 AND: 1. SRI. AMEER JAN S/O. LATE. MOHAMMED BHASHEER SAB @ SABULAL SAB, AGED ABOUT 72 YEARS NO.25, MAVALLI VINOGHA NAGAR, LALBHAG, BANGALORE 2. SRI. SARDAR AHAMED S/O. LATE MOHAMMED BHASHEER SAB @ SABULAL SAB, R/O. SALIM NAGAR, CHIPPINA KATTE, HASSAN. 3. SRI. MUKHTHAR AHAMED S/O LATE. MOHAMMED, BUDAN SAB @ SABULAL SAB, DEAD BY LRS, SMT. NAFEEZA W/O. LATE. MUKHTHAR AHAMED, 4. SRI. EBRAR PASHA S/O. LATE. MUKHTHAR AHAMED, BOTH ARE R/O. TIPPUNAGARA, CHIPPINA KATTE, HASSAN - 571 187. 5. SRI. SAMEER SAB S/O. LATE. MOHAMMED BUDAN SAB, R/O. R R MATCH FACTORY, 1ST CROSS, CHIPPINA KATTE ROAD, HASSAN - 571 187 …RESPONDENTS (BY SRI. GEORGE JOSEPH, ADVOCATE FOR R2 TO R3 AND R5) - 3 - HC-KAR NC: 2026:KHC:32729 RSA No. 1051 of 2021 C/W RSA No. 1052 of 2021 THIS RSA IS FILED UNDER SECTION 100 OF CPC 1908 AGAINST THE JUDGMENT AND DECREE DATED 27.10.2021 PASSED IN RA.No.43/2017 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, HASSAN, DISMISSING THE APPEAL AND MODIFYING THE JUDGMENT AND DECREE DATED 02.02.2017 PASSED IN OS No.791/2013 ON THE FILE OF THE III ADDITIONAL CIVIL JUDGE AND JMFC, HASSAN. IN RSA NO. 1052/2021 BETWEEN: 1. SRI. PUTTARAJU S/O. CHENNEGOWDA, AGED ABOUT 62 YEARS 2. SRI. MARIGOWDA S/O. CHENNEGOWDA, AGED ABOUT 59 YEARS 3. SRI. SHEKARA S/O. SIDDEGOWDA, AGED ABOUT 52 YEARS 4. SRI. KUMAR S/O. SIDDEGOWDA, AGED ABOUT 49 YEARS ALL ARE R/O. BANAVASE VILLAGE, KATTAYA HOBLI, HASSAN TALUK - 571 187 ...APPELLANTS (BY SRI. ADINARAYAN, ADVOCATE) - 4 - HC-KAR NC: 2026:KHC:32729 RSA No. 1051 of 2021 C/W RSA No. 1052 of 2021 AND: 1. SRI. AMEER JAN S/O. LAE. MOHAMMED BHASHEER SAB @ SABULAL SAB, AGED ABOUT 72 YEARS NO. 25, MAVALLI VINOGHA NAGAR, LALBHAG, BANGALORE 2. SRI. SARDAR AHAMED S/O. LATE MOHAMMED BUDEN SAB @ SABULAL SAB, AGED ABOUT 59 YEARS R/O. SALIM NAGAR, CHIPPINA KATTE, HASSAN - 571 187. 3. SRI. MUKHTHAR AHAMED S/O LATE. MOHAMMED BUDEN SAB @ SABULAL SAB, DEAD BY LRS, SMT. NAFEEZA W/O. LATE. MUKHTHAR AHAMED, 4. SRI. EBRAR PASHA S/O. LATE. MUKHTHAR AHAMED, BOTH ARE R/O. TIPPUNAGARA, CHIPPINA KATTE, HASSAN - 571 187. 5. SRI. SAMEER SAB S/O. LATE. MOHAMMED BUDEN, R/O. R R MATCH FACTORY, 1ST CROSS, CHIPPINA KATTE ROAD, HASSAN - 571 187 ...RESPONDENTS (BY SRI. GEORGE JOSEPH, ADVOCATE FOR R2 TO R3 & R5) - 5 - HC-KAR NC: 2026:KHC:32729 RSA No. 1051 of 2021 C/W RSA No. 1052 of 2021 THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 27.10.2021 PASSED IN RA.NO. 36/2017 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, AND JMFC, HASSAN, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 02.02.2017 PASSED IN OS.NO.791/2013 ON THE FILE OF THE III ADDITIONAL CIVIL JUDGE AND JMFC, HASSAN. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Respondent No.1 in both the appeals said to have been died on 06.12.2024. Till today no steps are taken to bring the legal representatives of deceased respondent No.1 on record. Accordingly, by operation of law, appeals stand dismissed as abated insofar as respondent No.1 is concerned in both the appeals. In view of death of respondent No.1, office objections with regard to the father's name of respondent No.1 has rendered infructuous. - 6 - HC-KAR NC: 2026:KHC:32729 RSA No. 1051 of 2021 C/W RSA No. 1052 of 2021 Cost of Rs.500/- ordered by this Court is not paid. Accordingly, appeals stand dismissed for non-prosecution. Sd/- (V SRISHANANDA) JUDGE BH List No.: 1 Sl No.: 9