IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 30^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REGULAR SECOND APPEAL NO. 5088 OF 2011 (PAR)

BETWEEN:

1. YALLAPPA S/O. KIRTEPPA HONAKERAPPANAVAR, AGE: 47 YEARS, OCC. AGRICULTURE, 2. LOHITAPPA S/O. KIRTEPPA HONAKERAPPANAVAR, SINCE DECEASED BY HIS LRS.

2A. SMT. ANNAPOORNA W/O. LATE LOHITAPPA HONAKERAPPANAVAR, AGE: 35 YEARS, OCC. HOUSEWIFE, R/O. CHIKKAMALLUR, TQ. SHIGGAON, DIST. HAVERI.

2B. KUM. KIRAN S/O. LATE LOHITAPPA HONAKERAPPANAVAR, AGE: 16 YEARS, OCC. STUDENT, SINCE MINOR REP. BY HIS Digitally s Y i A g S n H ed A V by ANT MINOR GUARDIAN/MOTHER NAMELY APPELLANT NO.2A.

YASHAVANT NARAYANKAR NARAYANKAR Date:

20 25.10.31

15:12:50 2C. KUMARI. MAMTA +0530 D/O. LATE LOHITAPPA HONAKERAPPANAVAR, AGE: 14 YEARS, OCC. STUDENT, SINCE MINOR REP. BY HIS MINOR GUARDIAN/MOTHER NAMELY APPELLANT NO.2A.

2D. KUM. MAHANTESH S/O. LATE LOHITAPPA HONAKERAPPANAVAR, AGE: 12 YEARS, OCC. STUDENT, SINCE MINOR REP. BY HIS MINOR GUARDIAN/MOTHER NAMELY APPELLANT NO.2A.

3. SMT. CHANNAVVA W/O. GURUPADAPPA SAVAKKANAVAR, AGE: 54 YEARS, OCC. HOUSEHOLD, APPELLANT NO.1 TO 3 ARE R/O. CHIKKAMALLUR, TQ. SHIGGAON, DIST. HAVERI.

4. SMT. NIMBAVVA W/O. NAGANGOUDA PATIL, AGE: 42 YEARS, OCC. HOUSEHOLD, R/O. KALYANA, TQ. SHIGGAON, DIST. HAVERI.

5. SMT. GANGAVVA W/O. BASAVANNEPPA KALLIMANI, AGE: 37 YEARS, OCC. HOUSEWIFE, R/O. SHIGGAON, DIST. HAVERI.

…APPELLANTS (BY SRI. VIJAYENDRA S. BHIMAKKANAVAR, ADVOCATE)

AND:

1. SIDDAPPA @ SIDDARAMAPPA (RAMKONDADI)

FALSELY CLAIMING TO BE SIDDAPPA @ SIDDARAMAPPA S/O. HANAMANTHAPPA HONAKERAPPANAVAR, AGE: MAJOR, OCC. AGRICULTURE, R/O. JAMBAY NAGAR, GADAG, DIST. GAGAG.

2. SHIVALINGAPPA S/O. KIRTEPPA HONAKERAPPANAVAR, SINCE DECEASED BY HIS LR.

2A. SMT. HANUMAVVA W/O. LATE SHIVALINGAPPA HONAKERAPPANAVAR, AGE: 50 YEARS, OCC. HOUSEWIFE, R/O. CHIKKAMALLUR, TQ. SHIGGAON, DIST. HAVERI.

…RESPONDENTS (R2(A)-NOTICE SERVED;

R1- APPEAL IS ABATED V/O DATED 07.11.2022)

THIS RSA IS FILED UNDER SECTION 100 CPC., PRAYING TO SET ASIDE THE JUDGMENT & DECREE PASSED BY THE COURT OF THE DISTRICT JUDGE (FAST TRACK COURT) HAVERI DATED 12.01.2011 PASSED IN R.A.NO.55/2008 IN SETTING ASIDE THE JUDGMENT AND DECREE PASSED BY THE COURT OF THE CIVIL JUDGE(SR.DN), HAVERI DATED 18.03.2008 IN O.S.NO.85/2005 BY DECREEING THE SUIT OF THE PLAINTIFF BY ALLOWING THIS APPEAL IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.

THIS APPEAL, COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE C M JOSHI)

Learned counsel for the appellants submits that the respondent No.1 also has died about two years back. Hence, the appeal stands abated.

SD/-

(C M JOSHI)

JUDGE YAN CT:PA LIST NO.: 1 SL NO.: 52