- 1 - HC-KAR NC: 2026:KHC-D:484 RSA No. 5712 of 2009 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REGULAR SECOND APPEAL NO.5712 OF 2009 (SP) BETWEEN: SUNDAR S/O. ACHANNA SHETTY, AGE: 56, OCC: BUSINESS, R/O. ARVIND NAGAR, KARWAR ROAD, HUBLI-580024, DIST. DHARWAD. …APPELLANT (BY SRI SHRIKANT T. PATIL, ADVOCATE.) AND: SHANKAR S/O. BHIMASA HABIB, AGE: 44 YEARS, OCC: BUSINESS, R/O. VIJAY NAGAR, HUBLI-580019, DIST. DHARWAD. …RESPONDENT (BY SRI DINESH M. KULKARNI, ADVOCATE.) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE, 1908, PRAYING TO SET ASIDE THE ORDER PASSED ON I.A.NO.1, IN R.A.NO.7/2009, ON THE FILE OF I ADDITIONAL DISTRICT AND SESSIONS JUDGE, HUBBALLI, DATED 03.11.2009 AND CONSEQUENTLY TO PERMIT THE APPELLANT TO CONTEST O.S.NO.399/2006 ON THE FILE OF I ADDITIONAL CIVIL JUDGE (SR.DN.), HUBBALLI, BY SETTING THE JUDGMENT AND DECREE DATED 21.02.2008 AND ETC.,. THIS APPEAL COMING ON FOR ORDERS, THIS DAY ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:484 RSA No. 5712 of 2009 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) It is reported that the sole appellant died. Therefore, the appeal stands abated. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT-AN List No.: 1 Sl No.: 1