- 1 - HC-KAR NC: 2026:KHC-D:403 RSA No. 5228 of 2008 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 14TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REGULAR SECOND APPEAL NO. 5228 OF 2008 (PAR) BETWEEN: SHRI SONAPPA BABU PATIL, SINCE DECEASED BY HIS LR’S. 1A. SMT. ANANDIBAI W/O. SONAPPA PATIL, SINCE DECEASED BY HER LR’S. 1B. SHRI BALAPPA SONAPPA PATIL, AGE: 38 YEARS, OCC: AGRICULTURE, R/O. H. NO.179, KALMESHWAR GALLI, HANGIRAGE VILAGE-590008, TALUKA AND DIST. BELGAUM. 1C. SHRI PARASHURAM SONAPPA PATIL, AGE: 60 YEARS, OCC: AGRICULTURE, R/O. H. NO.179, KALMESHWAR GALLI, HANGIRAGE VILAGE-590008, TALUKA AND DIST. BELGAUM. 1D. SHRI MASNU SONAPPA PATIL, AGE: 55 YEARS, OCC: AGRICULTURE, R/O. H. NO.179, KALMESHWAR GALLI, HANGIRAGE VILAGE-590008, TALUKA AND DIST. BELGAUM. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:403 RSA No. 5228 of 2008 2. SMT. BALABAI W/O. BHARAMANI NESARKAR, AGE: 57 YEARS, OCC: HOUSEHOLD, R/O. KHADARWADI-590008, TALUKA AND DIST. BELGAUM. …APPELLANTS (BY SRI S. P. PATIL AND SRI MALLIKARJUNASWAMY B. HIREMATH, ADVOCATES) AND: SMT. DEVAKKA W/O. SHATTU GOJAGEKAR, AGE: MAJOR, OCC: HOUSEHOLD, R/O. CHIRMURI-591128, TALUKA AND DIST. BELGAUM. …RESPONDENT (BY SRI JAGADISH PATIL, ADVOCATE) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 READ WITH ORDER XLII RULE 1 OF CODE OF CIVIL PROCEDURE, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 11.07.2008 PASSED BY THE II ADDITIONAL CIVIL JUDGE SR.DN BELGAUM R.A.NO.331/2000 AND SET ASIDE THE JUDGMENT AND DECREE DATED 27.11.2000 PASSED BY THE II ADDITIONAL CIVIL JUDGE, JR. DN BELGAUM IN O.S.NO.479/1994 AND ALLOW THE APPEAL WITH COSTS THROUGHOUT AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC-D:403 RSA No. 5228 of 2008 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) The regular second appeal is of the year 2008. It is stated that the respondent died on 11.04.2022, but till today no steps have been taken to bring the legal representatives of the deceased respondent on record. 2. It appears that appellants are not interested in prosecuting the matter. Therefore, the appeal stands abated as efflux of time and operation of law. 3. The appeal is dismissed as abated. In view of the dismissal of appeal, pending I.A.’s, if any, shall also stand dismissed. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE ASN /CT-AN List No.: 1 Sl No.: 1