- 1 - HC-KAR NC: 2026:KHC-D:1007-DB RFA No. 100332 of 2020 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF JANUARY 2026 PRESENT THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND THE HON'BLE MRS JUSTICE GEETHA K.B. REGULAR FIRST APPEAL NO. 100332 OF 2020 (PAR/POS) BETWEEN: 1. BASANAGOUDA S/O. CHANNABASAPPA @ CHANNABASANAGOUDA NAGANAGOUDRA, AGE: 54 YEARS, OCC: BUSINESS AND AGRICULTURE, 2. NEELAPPA S/O. CHANNABASAPPA @ CHANNABASANAGOUDA NAGANAGOUDRA, AGE: 52 YEARS, OCC: AGRICULTURE, BOTH ARE R/O. BEVINAMATTI VILLAGE, TQ: HUNAGUND-587 118, DIST: BAGALKOTE. …APPELLANTS (BY SRI. LAXMAN T. MANTAGANI, ADVOCATE FOR A1) AND: 1. SMT. PARVATEVVA W/O. CHANNABASAPPA @ CHANNABASANAGOUDA NAGANAGOUDRA, AGE: 74 YEARS, OCC: HOUSEHOLD WORK, R/O. BEVINAMATTI VILLAGE, NOW R/O. CHINNAPUR (S T) TQ: HUNAGUND-587 118, BHARATHI H M Digitally signed by BHARATHI H M Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2026:KHC-D:1007-DB RFA No. 100332 of 2020 DIST: BAGALKOT. SINCE DECEASED BY LR’S THE LR’S OF R1 ARE ALREADY ON RECORD AS A1, A2, R2 AND R3 2. HUCCHAVVA W/O. MAHANTAPPA TUPPAD, AGE: 48 YEARS, OCC: HOUSE WIFE, R/O : CHINNAPUR(S T ), TQ: HUNAGUND-587 118, DIST: BAGALKOT. 3. SMT. LAXMIBAI W/O. MALLAPPA DESHETTI, AGE: 44 YEARS, OCC: HOUSEWIFE, R/O: ANTHARTHANA, TQ: KUSHTAGI-584 121, DIST: KOPPAL. …RESPONDENTS (R1-DECEASED (R2 & R3 ARE LR’S); NOTICE TO R3 IS SERVED; R2 IS UNSERVED) THIS RFA IS FILED UNDER SECTION 96 OF CPC., PRAYING TO SET- ASIDE THE JUDGMENT AND DECREE PASSED BY THE COURT OF SENIOR CIVIL JUDGE AT. HUNGUND IN O.S.NO.85/2016 DATED 12.06.2017 IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND HON'BLE MRS JUSTICE GEETHA K.B. - 3 - HC-KAR NC: 2026:KHC-D:1007-DB RFA No. 100332 of 2020 ORAL JUDGMENT (PER: THE HON'BLE MRS JUSTICE GEETHA K.B.) Learned counsel for the appellants would submit that the party is not co-operating to take paper publication against respondent No.2. 2. In view of above submission and even after giving about 6 years time, proper steps have not been taken to serve notice of appeal to respondent No.2, hence, appeal against respondent No.2 is dismissed for non- prosecution. 3. This is the suit filed in respect of partition and separate possession. 4. In the recent judgment, the Hon'ble Apex Court in the case of Suresh Chandra (Deceased) through legal heirs and others vs. Parasram and others1 in paragraph No.38(b) held as follows: 1 2025 SCC OnLine 1472 - 4 - HC-KAR NC: 2026:KHC-D:1007-DB RFA No. 100332 of 2020 “38. In the light of discussion above, we summarize our conclusions as under: (a) ***** (b) On abatement of second appeal qua the second appellant Ram Babu, the entire second appeal abated as continuance of the second appeal would have given rise to a possibility of inconsistent decrees i.e., one in favour of the plaintiff against the deceased defendant-appellant and the other in favour of the surviving defendant appellant, even though both defendants claimed joint interest in the suit property flowing from their father. (c) *****” 5. When the appeal is dismissed for non- prosecution against respondent No.2 and is continued against other respondents only; if the appeal is allowed, then it would leads to inconsistent decrees i.e., one in favour of appellants and the other in favour of respondent No.2 which shall not happen. Thus, relying on the basic principle noted in the above judgment of Hon’ble Supreme Court, the appeal does not survive even against respondent Nos.1 and 3. Hence, the appeal is dismissed for non- prosecution against all the respondents. - 5 - HC-KAR NC: 2026:KHC-D:1007-DB RFA No. 100332 of 2020 6. Pending interlocutory applications, if any, do not survive for consideration. Sd/- (MOHAMMAD NAWAZ) JUDGE Sd/- (GEETHA K.B.) JUDGE SSP CT-MCK LIST NO.: 1 SL NO.: 5