Karnataka High Court
Hanumanthappa S/O. Kubeppa Lamani vs Ningappa S/O. Neelappa Madar on 17 October, 2025
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NC: 2025:KHC-D:14106
RSA No. 5946 of 2013
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 17TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE C M JOSHI
REGULAR SECOND APPEAL NO. 5946 OF 2013 (INJ)
BETWEEN:
HANUMANTHAPPA S/O. KUBEPPA LAMANI,
AGE: 64 YEARS, OCC. COOLIE,
R/O. HUNASHIKATTI, TQ. RANEBENNUR,
DIST. HAVERI-581115.
...APPELLANT
(BY SRI. DINESH M. KULKARNI, ADVOCATE)
AND:
1. NINGAPPA S/O. NEELAPPA MADAR
@ DODDAMANI, AGE: 65 YEARS,
OCC. AGRICULTURE, R/O. HARALAYAA NAGAR,
RANEBENNUR, DIST. HAVERI-581115.
2. HALAPPA S/O. NEELAPPA MADAR
@ DODDAMANI, AGE: 52 YEARS,
YASHAVANT OCC. AGRICULTURE, R/O. HARALAYAA NAGAR,
NARAYANKAR
RANEBENNUR, DIST. HAVERI-581115.
Digitally signed by
YASHAVANT
...RESPONDENTS
NARAYANKAR
Date: 2025.10.18
(BY SRI. N.R. KUPPELUR, ADVOCATE FOR R2;
10:51:29 +0530 APPEAL AGAINST R1 IS ABATED)
THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO
PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED
25.10.2013 PASSED BY ADDL. SENIOR CIVIL JUDGE, RANEBENNUR IN
R.A.NO.11/2013 BY CONFIRMING JUDGMENT AND DECREE DATED
05.01.2013 PASSED BY ADDL. CIVIL JUDGE AND 2ND ADDL. JMFC,
RANEBENNUR IN O.S.NO.339/2009, AS NULL AND VOID AND DECREE
THE SUIT AS PRAYED FOR AND ETC.,
THIS APPEAL, COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2025:KHC-D:14106
RSA No. 5946 of 2013
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE C M JOSHI) Learned counsel for the appellant submits that the appeal has been abated as against the respondent No.1, who was one of the plaintiffs. Therefore, the right to sue does not survive and therefore, the appeal stands dismissed as abated.
SD/-
(C M JOSHI) JUDGE YAN CT:PA LIST NO.: 1 SL NO.: 17