Mudigouda S/O Channaveragouda vs Kum.Nayana D/O Mudigouda
2025 Latest Caselaw 1810 Kant

Karnataka High Court

Mudigouda S/O Channaveragouda vs Kum.Nayana D/O Mudigouda on 29 July, 2025

                                                        -1-
                                                                    NC: 2025:KHC-D:9327
                                                                 RFA No. 100141 of 2018


                       HC-KAR



                           IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                    DATED THIS THE 29TH DAY OF JULY, 2025
                                                     BEFORE
                                THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
                             REGULAR FIRST APPEAL NO. 100141 OF 2018 (PAR)

                      BETWEEN:
                      1.   MUDIGOUDA S/O CHANNAVERAGOUDA
                           PURAVANTAGOUDAR, AGE: 46 YEARS,
                           OCC: AGRICULTURE, R/O. CHIKKABASUR,
                           TQ: BYADAGI, DIST: HAVERI-581110.
                                                                            ...APPELLANT
                                    (BY SRIYUTHS. M.H. PATIL AND HARSHAWARDHAN
                                          M PATIL, ADVS FOR APPELLANT)
                      AND:
                      1.   KUM. NAYANA D/O MUDIGOUDA
                           PURUVANTAGOUDAR. AGE: 17 YEARS,
                           OCC: STUDENT, R/O. CHIKKABASUR
MOHANKUMAR                 TQ: BYADAGI, DIST: HAVERI-581110
B SHELAR
                           SINCE MINOR R/BY HER NATURAL MOTHER
Digitally signed by        RESPONDENT NO.2, SARVAMANGALA
MOHANKUMAR B
SHELAR                     W/O MUDIGOUDA PURAVANTAGOUDAR.
Date: 2025.08.01
11:36:57 +0530
                      2.   SARVAMANGALA W/O MUDIGOUDA
                           PURAVANTAGOUDAR, AGE: 37 YEARS
                           OCC: HOUSEHOLD, R/O. CHIKKABASUR
                           TQ: BYADAGI, DIST: HAVERI-581110.
                                                                         ...RESPONDENTS
                                    (BY SRI. S.N. BANAKAR, ADV FOR R1,
                                      R1 IS MINOR R/BY R2,)

                             THIS    RFA   IS   FILED U/SEC.96   OF CPC., AGAINST   THE
                      JUDGMENT AND DECREE DATED 12.02.2018 PASSED IN O.S.
                      NO.85/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC,
                      BYADGI, PARTLY DECREEING THE SUIT FILED FOR PARTITION AND
                      SEPARATE POSSESSION.
                               -2-
                                          NC: 2025:KHC-D:9327
                                      RFA No. 100141 of 2018


HC-KAR




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


CORAM:          THE HON'BLE MR. JUSTICE ASHOK S. KINAGI

                       ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI)

1. The learned counsel for the appellant filed a

memo stating that a notice had been sent to the appellant

requesting certain documents related to the appeal.

However, the notice was returned with an endorsement

"party deceased." The appellant is the sole appellant in the

matter. Hence, it is submitted that the appeal stands

abated.

2. The memo is taken on record.

3. As the respondents are the legal heirs of the

deceased appellant, in view of the appellant's death,

nothing survives for consideration in this appeal.

4. Accordingly, the appeal is dismissed.

NC: 2025:KHC-D:9327

HC-KAR

5. In view of the dismissal of the appeal,

I.A.No.1/2018 does not survive for consideration.

Accordingly, I.A.No.1/2018 is disposed of.

Sd/-

(ASHOK S. KINAGI) JUDGE

RHR/-

CT: BSB