- 1 - HC-KAR NC: 2026:KHC-D:2022 RSA No. 5456 of 2009 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REGULAR SECOND APPEAL NO.5456 OF 2009 (INJ) BETWEEN: SANNANINGAPPA SHIVANAPPA KURABAR, R/O. HULAGUR, TQ: SHIGGAON, DIST. HAVERI-581110. …APPELLANT (BY SRI SURESH P. HUDEDAGADDI AND SRI A.C.PURAD, ADVOCATES.) AND: SHIVALINGAPPA BASAPPA SUBARAGATTI, R/O. HULAGUR, TQ: SHIGGAON, DIST. HAVERI-581110. …RESPONDENT (BY SRI B.T.KULKARNI AND SRI LAXMAN C. KULKARNI, ADVOCATE.) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE, 1908, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 15.12.2006 PASSED IN O.S.NO.48/2004, BY THE CIVIL JUDGE (JR.DN.), SHIGGAON AND THE JUDGMENT AND DECREE DATED 30.06.2009 PASSED IN R.A.NO.9/2007, BY THE CIVIL JUDGE (SR.DN.), HAVERI AND ALLOW THE SAID APPEAL AND DECREE THE SUIT AS PRAYED FOR, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR FURTHER ARGUMENTS 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:2022 RSA No. 5456 of 2009 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) It is submitted that appellant died on 25.04.2016 and respondent also died. Therefore, it is reported that both the appellant and respondent died and L.Rs. of deceased appellant and respondent are not brought on record. Therefore, the appeal is dismissed as abated. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT-AN List No.: 1 Sl No.: 34