Karnataka High Court
Kumbara Ramanjinappa vs Huleppa on 6 August, 2025
-1-
NC: 2025:KHC-D:9826
RSA No. 100500 of 2018
C/W RSA No. 100499 of 2018
HC-KAR
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 06TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
REGULAR SECOND APPEAL NO. 100500 OF 2018 (INJ)
C/W
REGULAR SECOND APPEAL NO. 100499 OF 2018
IN RSA NO. 100500/2018
BETWEEN:
KUMBARA RAMANJINAPPA S/O. HANUMANTHAPPA,
AGE: 68 YEARS, OCC: AGRICULTURIST,
R/O: KUMBARA ONI, 2ND WARD,
KUDUTINI VILLAGE-583115,
TQ AND DIST: BALLARI.
...APPELLANT
(BY SRI HARSH DESAI, ADVOCATE.)
AND:
1. HULEPPA S/O LATE KUMBARA POMPANNA,
Digitally signed
by MALLIKARJUN AGE: 51 YEARS, OCC: AGRICULTURE,
RUDRAYYA
KALMATH R/O: KUMBARA ONI, 2ND WARD,
Location: HIGH
COURT OF
KARNATAKA
KUDUTINI VILLAGE-583115,
DHARWAD
BENCH TQ AND DIST: BALLARI.
Date: 2025.08.11
10:46:09 +0530
2. HANUMANTHA S/O. LATE KUMBARA POMPANNA,
AGE: 46 YEARS, OCC: AGRICULTURE,
R/O: KUMBARA ONI, 2ND WARD,
KUDUTINI VILLAGE-583115,
TQ AND DIST: BALLARI.
...RESPONDENTS
(BY SRI SUBEEL AHMED, ADVOCATE FOR R1 AND R2.)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
100 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO SET ASIDE
THE JUDGMENT AND DECREE DATED 17.03.2018, PASSED IN
-2-
NC: 2025:KHC-D:9826
RSA No. 100500 of 2018
C/W RSA No. 100499 of 2018
HC-KAR
R.A.NO.19/2016, ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JUDICIAL MAGISTRATE FIRST CLASS, KUDLIGI AND THE JUDGMENT
AND DECREE DATED 27.02.2016, PASSED IN O.S. NO.87/2007, ON
THE FILE OF THE CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST
CLASS, SANDUR, AND THEREBY DECREE THE SUIT IN
O.S.NO.87/2007 WITH COSTS BY ALLOWING THIS REGULAR
SECOND APPEAL, IN THE INTEREST OF JUSTICE.
IN RSA NO.100499/2018
BETWEEN
KUMBARA RAMANJINAPPA S/O. HANUMANTHAPPA,
AGE: 68 YEARS, OCC: AGRICULTURIST,
R/O: KUMBARA ONI, 2ND WARD,
KUDUTINI VILLAGE-583115,
TQ AND DIST: BALLARI.
...APPELLANT
(BY SRI HARSH DESAI, ADVOCATE.)
AND:
HANUMAKKA W/O. KUMBARA POMPANNA
SINCE DEAD BY HER LRS
1. HULEPPA S/O. LATE KUMBARA POMPANNA,
AGE: 51 YEARS, OCC: AGRICULTURIST,
R/O: KUMBARA ONI, 2ND WARD,
KUDUTINI VILLAGE-583115,
TQ AND DIST: BALLARI.
2. HANUMANTHA S/O LATE KUMBARA POMPANNA,
AGE: 46 YEARS, OCC: AGRICULTURIST,
R/O: KUMBARA ONI, 2ND WARD,
KUDUTINI VILLAGE-583115,
TQ AND DIST: BALLARI.
...RESPONDENTS
(BY SRI SUBEEL AHMED, ADVOCATE.)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
100 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO SET ASIDE
THE JUDGMENT AND DECREE DATED 17.03.2018, PASSED IN
-3-
NC: 2025:KHC-D:9826
RSA No. 100500 of 2018
C/W RSA No. 100499 of 2018
HC-KAR
R.A.NO.18/2016, ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JUDICIAL MAGISTRATE FIRST CLASS, KUDLIGI, AND THE JUDGMENT
AND DECREE DATED 27.02.2016, PASSED IN O.S. NO.64/2008, ON
THE FILE OF THE CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST
CLASS, SANDUR, AND THEREBY DECREE THE SUIT IN OS
NO.64/2008 WITH COSTS BY ALLOWING THIS REGULAR SECOND
APPEAL, IN THE INTEREST OF JUSTICE.
THESE APPEALS COMING ON FOR ADMISSION THIS DAY,
ORDER IS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE G BASAVARAJA)
It is submitted by the learned counsel for appellant
that the sole appellant passed away two years back.
A memo is also filed to this effect. The same is placed on
record. In view of death of appellant, both the appeals are
dismissed as abated.
2. Pending interlocutory applications, if any, stand
disposed of as they do not survive for consideration.
Sd/-
(G BASAVARAJA)
JUDGE
MRK
CT: CMU
