Karnataka High Court
Smt.Kamalawwa W/O Mushappa Turai vs Shri.Shiddappa Son Of Aurudappa ... on 6 November, 2025
Author: R.Devdas
Bench: R.Devdas
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NC: 2025:KHC-D:15215-DB
RFA No. 100407 of 2019
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 6TH DAY OF NOVEMBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE R.DEVDAS
AND
THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI
R.F.A. NO.100407 OF 2019 (PAR/POS)
BETWEEN:
SMT. KAMALAWWA W/O. MUSHAPPA TURAI,
AGE: 82 YEARS, OCC: AGRICULTURE &
HOUSEHOLD WORK,
RESIDENT OF BELAWADI VILLAGE,
TQ: BAILHONGAL, DIST: BELAGAVI-591104,
REPRESENTED HER SPECIAL POWER OF
ATTORNEY HOLDER:
SHRI IRAPPA SON OF MUSHAPPA TURAI,
AGE: 45 YEARS, OCC: AGRICULTURE,
RESIDENT OF BELAWADI VILLAGE,
NOW AT: DEMATTI VILLAGE,
TALUKA: BAILHONGAL (OLD),
Digitally signed
by V N BADIGER
NEW TALUKA: KITTUR-591115,
Location: High
Court of
DIST: BELAGAVI.
Karnataka,
Dharwad Bench.
...APPELLANT
(BY SRI. SANTOSH B. RAWOOT AND
SRI. A. D. SHILLEDAR, ADVOCATES)
AND:
1. SHRI SHIDDAPPA SON OF AURUDAPPA PANTHAR,
AGE: 72 YEARS, OCC: AGRICULTURE,
RESIDENT OF DEMATTI VILLAGE,
TALUKA: BAILHONGAL(OLD),
NEW TALUKA: KITTUR-591115, DIST: BELAGAVI.
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2. SMT. KASHAWWA WIFE OF SOMAPPA MARIGERI,
AGE: 69 YEARS, OCC: HOUSEHOLD WORK,
RESIDENT OF DEMATTI VILLAGE,
TQ: BAILHONGAL-591115, DIST: BELAGAVI.
3. SMT. SHANTAWWA WIFE OF BASAPPA JEERWAD,
AGE: 59 YEARS, OCC: HOUSEHOLD WORK,
RESIDENT OF GUDIKERI VILLAGE,
TALUKA: BAILHONGAL-591101, DIST: BELAGAVI.
4. SHRI FAKIRAPPA SON OF AURUDAPPA PANTHAR,
AGE: 64 YEARS, OCC: AGRICULTURE,
RESIDENT OF DEMATTI VILLAGE,
TALUKA: BAILHONGAL (OLD),
NEW TALUKA: KITTUR-591115, DIST: BELAGAVI.
5. SMT. SAKREWWA WIFE OF KENCHAPPA DOLIN,
AGE: 58 YEARS, OCC: HOUSEHOLD WORK,
RESIDENT OF KAKKERI VILLAGE,
TALUKA: KHANAPUR-591302, DIST: BELAGAVI.
6. SMT. BASAWWA WIFE OF SHIVAPUTRAPPA PANTHAR
AGE: 80 YEARS, OCC: HOUSEHOLD WORK,
RESIDENT OF DEMATTI VILLAGE,
TALUKA: BAILHONGAL (OLD),
NEW TALUKA: KITTUR-591115, DIST: BELAGAVI.
7. SHRI SHIDDAPPA SON OF SHIVAPUTRAPPA PANTHAR
AGE: 65 YEARS, OCC: AGRICULTURE,
RESIDENT OF DEMATTI VILLAGE,
TALUKA: BAILHONGAL (OLD),
NEW TALUK: KITTUR-591115, DIST: BELAGAVI.
8. SHRI CHAMBAPPA SON OF RAMAPPA PANTHAR,
AGE: 68 YEARS, OCC: AGRICULTURE,
RESIDENT OF DEMATTI VILLAGE,
TALUKA: BAILHONGAL (OLD),
NEW TALUKA: KITTUR-591115, DIST: BELAGAVI.
9. SHRI RAMAPPA SON OF CHAMBAPPA PANTHAR,
AGE: 25 YEARS, OCC: AGRICULTURE,
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HC-KAR
RESIDENT OF DEMATTI VILLAGE,
TALUKA: BAILHONGAL (OLD),
NEW TALUK: KITTUR-591115, DIST: BELAGAVI.
10. SMT. PARWATEWWA WIFE OF GANGAPPA MINAKI,
AGE: 51 YEARS, OCC: AGRICULTURE &
HOUSEHOLD WORK,
RESIDENT OF KHODANPUR VILLAGE,
TALUKA: BAILHONGAL-591101, DIST: BELAGAVI.
11. SHRI MAYAPPA S/O. MAHADEVAPPA HUNASHIKATTI,
AGE: 58 YEARS, OCC: AGRICULTURE,
RESIDENT OF BASSAPUR VILLAGE, (NEAR KITTUR),
TALUKA: BAILHONGAL (OLD),
NEW TALUKA: KITTUR-591115, DIST: BELAGAVI.
12. SHRI MOHAMMADYUSUF SON OF MODINSAB KHAZI,
AGE: 69 YEARS, OCC: AGRICULTURE,
RESIDENT OF KHAZI ONI, M.H. HUBLI,
TALUK: BAILHONGAL-591101, DIST: BELAGAVI.
13. SHRI BASAPPA SON OF NAGAPPA YEMMI,
AGE: 69 YEARS, OCC: AGRICULTURE,
RESIDENT OF HOOLIKATTI VILLAGE,
TALUKA: BAILHONGAL (OLD),
NEW TALUKA: KITTUR-591115, DIST: BELAGAVI.
14. SHRI RUDRAPPA SON OF SHIVARAYAPPA KOLLI,
AGE: 74 YEARS, OCC : AGRICULTURE,
RESIDENT OF HONNIDIBBA (NEAR UGARKHOD),
TALUKA: BAILHONGAL (OLD),
NEW TALUKA: KITTUR-591115, DIST: BELAGAVI.
15. SHRI CHANDSAB SON OF BABULAL HAVALDAR,
AGE: 62 YEARS, OCC: AGRICULTURE,
RESIDENT OF DEMATTI VILLAGE,
TALUKA: BAILHONGAL (OLD),
NEW TALUKA : KITTUR-591115, DIST: BELAGAVI.
16. SHRI NAZEERSAB SON OF BABASAB HAWALDAR,
AGE: 54 YEARS, OCC: AGRICULTURE,
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HC-KAR
RESIDENT OF NEAR KANNADA SCHOOL, DEMATTI,
TALUKA: BAILHONGAL (OLD),
NEW TALUKA: KITTUR-591115, DIST: BELAGAVI.
17. SHRI MUGUTSAB SON OF BABASAB HAWALDAR,
AGE: 46 YEARS, OCC: AGRICULTURE,
RESIDENT OF AGASI ONI, DEMATTI VILLAGE,
TALUKA: BAILHONGAL (OLD),
NEW TALUKA: KITTUR-591115, DIST: BELAGAVI.
18. SHRI SIDDAPPA SON OF CHAMBAPPA PANTHAR,
AGE: 21 YEARS, OCC: STUDENT,
RESIDENT OF DEMATTI VILLAGE,
TALUKA: BAILHONGAL (OLD),
NEW TALUKA KITTUR-591115, DIST: BELAGAVI.
...RESPONDENTS
(NOTICE TO R1 TO R4, R6 & R7, R9 TO R18 ARE SERVED,
BUT UNREPRESENTED; NOTICE TO R5 IS HELD SUFFICIENT;
V/O. DATED 15.11.2023, APPEAL AGAINST R8-ABATED)
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 R/W. ORDER 41 RULE 1 OF CPC., PRAYING TO ALLOW THE
APPEAL BY SETTING ASIDE THE JUDGMENT DATED 04.04.2019
AND DECREE PASSED IN O.S.NO.11 OF 2015 BY THE COURT OF
SENIOR CIVIL JUDGE BAILHONGAL DISMISSING THE SUIT OF
THE PLAINTIFF AND DECREE THE SUIT OF APPELLANT-PLAINTIFF
BEARING O.S.NO.11 OF 2015 WHICH WAS PENDING ON THE
FILE OF SENIOR CIVIL JUDGE, BAILHONGAL AS PRAYED FOR
AWARDING COSTS THROUGH-OUT, IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS
AND
THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI
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RFA No. 100407 of 2019
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE R.DEVDAS)
Learned counsel for the appellant submits that sole
appellant died on 22.11.2023. But despite several requests made
to the legal representatives of the deceased-sole appellant, no
information is forthcoming from them.
2. It is seen that this appeal stands abated as against
respondent No.8 by the order dated 15.11.2023. No steps have
been taken in that regard also.
3. While placing submission of learned counsel for the
appellant on record, the appeal stands dismissed since the legal
representatives of deceased-sole appellant are not interested in
pursuing the matter.
Sd/-
(R.DEVDAS)
JUDGE
Sd/-
(B. MURALIDHARA PAI)
JUDGE
CKK /CT-AN
