Hanumanthappa S/O. Kubeppa Lamani vs Ningappa S/O. Neelappa Madar
2025 Latest Caselaw 9291 Kant

Karnataka High Court

Hanumanthappa S/O. Kubeppa Lamani vs Ningappa S/O. Neelappa Madar on 17 October, 2025

                                                     -1-
                                                                NC: 2025:KHC-D:14106
                                                                RSA No. 5946 of 2013


                        HC-KAR




                       IN THE HIGH COURT OF KARNATAKA,AT DHARWAD

                            DATED THIS THE 17TH DAY OF OCTOBER, 2025

                                              BEFORE

                               THE HON'BLE MR. JUSTICE C M JOSHI

                       REGULAR SECOND APPEAL NO. 5946 OF 2013 (INJ)

                       BETWEEN:

                       HANUMANTHAPPA S/O. KUBEPPA LAMANI,
                       AGE: 64 YEARS, OCC. COOLIE,
                       R/O. HUNASHIKATTI, TQ. RANEBENNUR,
                       DIST. HAVERI-581115.
                                                                           ...APPELLANT
                       (BY SRI. DINESH M. KULKARNI, ADVOCATE)
                       AND:
                       1.     NINGAPPA S/O. NEELAPPA MADAR
                              @ DODDAMANI, AGE: 65 YEARS,
                              OCC. AGRICULTURE, R/O. HARALAYAA NAGAR,
                              RANEBENNUR, DIST. HAVERI-581115.

                       2.     HALAPPA S/O. NEELAPPA MADAR
                              @ DODDAMANI, AGE: 52 YEARS,
YASHAVANT                     OCC. AGRICULTURE, R/O. HARALAYAA NAGAR,
NARAYANKAR
                              RANEBENNUR, DIST. HAVERI-581115.
 Digitally signed by
 YASHAVANT
                                                                        ...RESPONDENTS
 NARAYANKAR
 Date: 2025.10.18
                       (BY SRI. N.R. KUPPELUR, ADVOCATE FOR R2;
 10:51:29 +0530            APPEAL AGAINST R1 IS ABATED)

                             THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO
                       PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED
                       25.10.2013 PASSED BY ADDL. SENIOR CIVIL JUDGE, RANEBENNUR IN
                       R.A.NO.11/2013 BY CONFIRMING JUDGMENT AND DECREE DATED
                       05.01.2013 PASSED BY ADDL. CIVIL JUDGE AND 2ND ADDL. JMFC,
                       RANEBENNUR IN O.S.NO.339/2009, AS NULL AND VOID AND DECREE
                       THE SUIT AS PRAYED FOR AND ETC.,

                            THIS APPEAL, COMING ON FOR ADMISSION           THIS   DAY,
                       JUDGMENT WAS DELIVERED THEREIN AS UNDER:
                                 -2-
                                          NC: 2025:KHC-D:14106
                                         RSA No. 5946 of 2013


 HC-KAR




                         ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE C M JOSHI)

Learned counsel for the appellant submits that the appeal

has been abated as against the respondent No.1, who was one of

the plaintiffs. Therefore, the right to sue does not survive and

therefore, the appeal stands dismissed as abated.

SD/-

(C M JOSHI) JUDGE

YAN CT:PA