Karnataka High Court
Babu S/O Tippanna Biradar Patil vs Bhimagouda Amagouda Patil on 21 August, 2025
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NC: 2025:KHC-D:10616
RSA No. 6102 of 2012
C/W RSA No. 6091 of 2012
HC-KAR
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 21ST DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
REGULAR SECOND APPEAL NO. 6102 OF 2012 (DEC/INJ)
C/W
REGULAR SECOND APPEAL NO. 6091 OF 2012
IN RSA NO.6102/2012
BETWEEN:
BABU S/O. TIPPANNA BIRADAR PATIL,
AGE: 68 YEARS, OCC: AGRICULTURE,
R/O: HANAMAPUR-591 367,
TALUK: ATHANI, DIST: BELGAUM.
...APPELLANT
(BY SRI. RAVI S. BALIKAI, ADVOCATE)
AND:
1. BHIMAGOUDA AMAGOUDA PATIL,
AGE: 68 YEARS OCC: AGRICULTURE,
Digitally signed
by MALLIKARJUN
R/O: HANAMAPUR-591 367
RUDRAYYA
KALMATH
Location: HIGH
TALUK: ATHANI, DIST: BELGAUM.
COURT OF
KARNATAKA
DHARWAD
BENCH
Date: 2025.08.22
14:33:01 +0530 2. AMASIDDA AMAGOUDA PATIL,
AGE: 63 YEARS, OCC: AGRICULTURE,
R/O: HANAMAPUR-591 367
TALUK: ATHANI, DIST: BELGAUM.
...RESPONDENTS
(BY SRI. SANGRAM S KULKARNI, ADVOCATE)
THIS RSA IS FILED UNDER SECTION 100 OF THE CPC. 1908,
PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED
28.06.2012 PASSED IN R.A.NO.10/2004, ON THE FILE OF THE
COURT OF FAST TRACK, ATHANI, AND THE JUDGMENT AND DECREE
DATED 22.01.2004 PASSED IN O.S.NO.356/1996, PASSED BY THE
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NC: 2025:KHC-D:10616
RSA No. 6102 of 2012
C/W RSA No. 6091 of 2012
HC-KAR
PRL. CIVIL JUDGE (JR.DN.) AND JMFC, ATHANI AND DECREE THE
SUIT OF THE PLAINTIFF AS PRAYED FOR THE ALLOW THIS APPEAL
WITH COSTS, IN THE INTEREST OF JUSTICE AND EQUITY.
IN RSA NO.6091/2012
BETWEEN:
BABU S/O. TIPPANNA BIRADAR PATIL,
AGE: 68 YEARS, OCC: AGRICULTURE,
R/O: HANAMAPUR-591 367,
TALUK: ATHANI, DIST: BELGAUM.
...APPELLANT
(BY SRI. RAVI S. BALIKAI, ADVOCATE)
AND:
1. BHIMAGOUDA AMAGOUDA PATIL,
AGE: 68 YEARS, OCC: AGRICULTURE,
R/O: HANAMAPUR-591 367
TALUK: ATHANI, DIST: BELGAUM.
2. AMASIDDA AMAGOUDA PATIL,
AGE: 63 YEARS, OCC: AGRICULTURE,
R/O: HANAMAPUR-591 367,
TALUK: ATHANI, DIST: BELGAUM.
...RESPONDENTS
(BY SRI. SANGRAM S. KULKARNI, ADVOCATE)
THIS RSA IS FILED UNDER SECTION 100 OF THE CPC. 1908,
PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED
28.06.2012 PASSED IN R.A.NO.09/2004, ON THE FILE OF THE
COURT OF FAST TRACK, ATHANI, AND THE JUDGMENT AND DECREE
DATED 22.01.2004 PASSED IN O.S.NO.324/1998, PASSED BY THE
PRL. CIVIL JUDGE (JR.DN.) AND JMFC, ATHANI AND DECREE THE
SUIT OF THE PLAINTIFF AS PRAYED FOR THE ALLOW THIS APPEAL
WITH COSTS, IN THE INTEREST OF JUSTICE AND EQUITY.
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2025:KHC-D:10616
RSA No. 6102 of 2012
C/W RSA No. 6091 of 2012
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE G BASAVARAJA)
Both side counsels are present.
2. Learned counsel for the appellant has not taken
steps to bring the legal heirs of deceased-respondent No.2
on record and the appeal against respondent No.2 is
already abated as per the order dated 28.02.2022.
3. In the absence of legal heirs of respondent No.2,
the appeal against respondent No.1 is not maintainable.
Hence, both appeals are dismissed.
4. Registry is directed to send a copy of this order
along with TCR to the concerned Court.
Sd/-
(G BASAVARAJA)
JUDGE
CKK
CT-CMU
