Karnataka High Court
Kumar Laxman S/O Basappa Takkalaki vs Smt.Gouravva W/O Parappa Takkalaki on 16 October, 2025
Author: R.Devdas
Bench: R.Devdas
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NC: 2025:KHC-D:13970-DB
RFA No. 100350 of 2019
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 16TH DAY OF OCTOBER 2025
PRESENT
THE HON'BLE MR. JUSTICE R.DEVDAS
AND
THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI
REGULAR FIRST APPEAL NO. 100350 OF 2019 (DEC)
BETWEEN:
1. KUMAR. LAXMAN
S/O. BASAPPA TAKKALAKI,
AGE: 22 YEARS, OCC: STUDENT,
R/O. JAMAKHANDI,
TAL: JAMAKHANDI,
DIST: BAGALKOT.
2. KUMARI. RENUKA
D/O. BASAPPA TAKKALAKI,
AGE: 19 YEARS, OCC: STUDENT,
R/O. JAMAKHANDI,
Digitally signed
by TAL: JAMAKHANDI,
MOHANKUMAR
B SHELAR DIST: BAGALKOT.
Location: HIGH
COURT OF
KARNATAKA
DHARWAD 3. KUMAR. RAMESH
BENCH
S/O. BASAPPA TAKKALAKI,
AGE: 18 YEARS, OCC: STUDENT,
R/O. JAMAKHANDI,
TAL: JAMAKHANDI,
DIST: BAGALKOT.
4. SMT. BHAGIRATHI
W/O. BASAPPA TAKKALKAI,
AGE: 45 YEARS,
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NC: 2025:KHC-D:13970-DB
RFA No. 100350 of 2019
HC-KAR
OCC: HOUSEHOLD WORK
AND AGRICULTURE,
R/O. JAMAKHANDI,
TAL: JAMAKHANDI,
DIST: BAGALKOT.
...APPELLANTS
(BY SRI. RAJENDRA R.PATIL, ADVCOATE FOR
SRI. SRINAND A.PACHHAPURE AND
SMT. PALLAVI S.PACHHAPURE, ADVOCATES)
AND:
1. SMT. GOURAVVA
W/O. PARAPPA TAKKALAKI,
AGE: 71 YEARS,
OCC: HOUSEHOLD WORK,
R/O. KOSTI GALLI, JAMAKHANDI,
DIST: BAGALKOT.
2. SMT. DWARAKA
W/O. SAMEER HADIMANI,
AGE: 69 YEARS,
OCC: AGRICULTURE LABOUR,
R/O. JAMBAGI ROAD, JAMAKHANDI,
DIST: BAGALKOT.
3. SRI. RAMANGOUDA
S/O. ANNDAGOUDA PATIL,
AGE: 54 YEARS, OCC: AGRICULTURE,
R/O. BAGALKOT, DIST: BAGALKOT.
4. SRI. RAVI S/O. JAYAVANT KALE
AGE: 49 YEARS, OCC: NIL,
R/O: K.H.B COLONY, JAMAKHANDI,
BAGALKOT.
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NC: 2025:KHC-D:13970-DB
RFA No. 100350 of 2019
HC-KAR
5. SRI. SHANKAR
S/O. BABURAO PANALKAR,
AGE: 74 YEARS, OCC: NOT KNOWN,
R/O: OPPOSITE TO P.B. HIGH SCHOOL,
JAMAKHANDI, TAL: JAMAKHANDI,
BAGALKOT.
6. SRI. NAZEER AHAMAD
S/O. BABASAB KANGANOLLI,
AGE: 48 YEARS,
OCC: AGRICULTURE LABOUR,
R/O: BARPET GALLI, JAMAKHNADI,
TAL: JAMAKHANDI, BAGALKOT.
...RESPONDENTS
(BY SRI. HARISH S.MAIGUR, ADVOCATE FOR R3;
SRI. S.A.SONDUR, ADVOCATE FOR R4;
SRI. GIRISH YADAWAD, ADVOCATE FOR R6;
NOTICE TO R2 IS SERVED BUT UNREPRESENTED;
VIDE ORDER DATED 04.02.2022 -R5 IS ABATED)
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED
03.04.2019 PASSED IN O.S.NO.97/2009 ON THE FILE OF THE
SENIOR CIVIL JUDGE, JAMKHANDI, DISMISSING THE SUIT
FILED FOR DECLARATION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS
AND
THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI
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NC: 2025:KHC-D:13970-DB
RFA No. 100350 of 2019
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE R.DEVDAS)
This appeal is abated against respondent No.5 by order
dated 04.02.2022. No steps have been taken by the
appellants to get the matter restored as against respondent
No.5. This appeal arises out of a suit for declaration, and
respondent No.5 was defendant No.5, who was a purchaser of
some of the items of the suit schedule properties.
2. Having regard to the recent judgment of the
Hon'ble Apex Court in the case of SURESH CHANDRA
(DECEASED) THROUGH LRS AND OTHERS VS PARASRAM & OTHERS
(2025 INSC 873), the appeal abates not only against the
deceased respondent No.5, but also against all the
respondents.
3. In that view of the matter, the Regular First Appeal
stands dismissed as abated.
Sd/-
(R.DEVDAS)
JUDGE
Sd/-
(B. MURALIDHARA PAI)
JUDGE
MBS/CT:vh
