- 1 - HC-KAR NC: 2026:KHC-D:1566 MSA No. 100003 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO MISCELLANEOUS SECOND APPEAL NO.100003 OF 2022 BETWEEN: VIJAYA W/O ISHWARAPPA KAMMAR AGE: MAJOR, OCC: HOUSE HOLD AND AGRICULTURE, R/O: VASANTA NAGAR, KUSUGAL ROAD, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD-580023. …APPELLANT (BY SRI. M.M. HIREMATH, ADVOCATE) AND: SANJAY S/O LAXMANRAO JUGANIKAR AGE: 46 YEARS, OCC: BUSINESS, R/O: HANAGAL, TQ: HANAGAL, DIST: HAVERI-581104. …RESPONDENT (RESPONDENT-DECEASED) THIS MSA IS FILED UNDER ORDER XLIII RULE 1(U) OF CIVIL PROCEDURE CODE 1908., PRAYING TO, BY ALLOWING THIS APPEAL THE JUDGMENT AND DECREE PASSED BY THE III ADDITIONAL SENIOR CIVIL JUDGE AND JMFC HUBBALLI IN RA NO.10/2017 DATED 25.02.2020 BE SET ASIDE AND CONFIRMING THE ORDER PASSED BY THE PRL. CIVIL JUDGE AND JMFC, HUBBALLI IN OS NO.570/2014 DATED 16.11.2016 IN THE ENDS OF JUSTICE AND EQUITY & ETC. THIS MSA COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE DR. JUSTICE K.MANMADHA RAO Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:1566 MSA No. 100003 of 2022 ORAL JUDGMENT 1. There is no representation on behalf of the appellant. 2. It appears that the sole respondent has died long back and till date the appellant counsel has not taken any steps to bring the legal heirs of deceased sole respondent on record. 3. In view of the same, appeal stands dismissed as abated. Sd/- (DR.K.MANMADHA RAO) JUDGE KGK, CT:CMU LIST NO.: 1 SL NO.: 2