Dismissed¶32

Somalingappa S/O Revanashiddappa v. Mallikarjun S/O Revanasiddappa

Karnataka HC24 Nov 2025RFA/100038/2019

Case brief

AI extract

What is this about?

Abatement of entire first appeal on death of one appellant; RFA No. 100038 of 2019 (PAR), High Court of Karnataka, Dharwad Bench, oral order dated 24.11.2025 (NC: 2025:KHC-D:16111-DB); filed under Section 96 CPC against dismissal of partition suit O.S.No.151/2014 by Principal Senior Civil Judge, Bagalkot on 24.09.2018; appeal earlier dismissed against deceased appellant No.2 on 19.06.2025; reliance on Suresh Chandra (Deceased) through LRs and Others v. Parasram & Others, 2025 INSC 873; appeal dismissed as abated against all appellants.

What did the court decide?

Having regard to the recent judgment of the Hon'ble Apex Court in Suresh Chandra (Deceased) through LRs and Others v. Parasram & Others, 2025 INSC 873, the appeal not only abated against the deceased appellant, but also against all the appellants. ¶31

Somalingappa S/O Revanashiddappa Vs Mallikarjun S/O Revanasiddappa — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC-D:16111-DB RFA No. 100038 of 2019

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24^TH DAY OF NOVEMBER, 2025 PRESENT

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THE HON'BLE MR. JUSTICE R.DEVDAS

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AND

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THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI REGULAR FIRST APPEAL NO. 100038 OF 2019 (PAR)

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BETWEEN:

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SOMALINGAPPA S/O. REVANASHIDDAPPA NAYANEGALI, AGE: 65 YEARS, OCC: RETIRED PENSIONER, R/O: BAGALKOT-587101.

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SIDDALINGAPPA S/O. REVANASHIDDAPPA NAYANEGALI, SINCE DIED, APPEAL ABATES AS AGAINST APPELLANT NO.2.

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&APPELLANTS

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(BY SRI. S.B.HEBBALLI, ADVOCATE)

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AND:

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Digitally signed by MOHANKUMAR B SHELAR

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Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.25 09:58:26 +0530

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MALLIKARJUN S/O. REVANASIDDAPPA NAYANEGALI, AGE: 59 YEARS, OCC: EXECUTIVE ENGINEER IN BAGALKOT TOWN DEVELOPMENT AUTHORITY, R/O. SECTOR NO.55, PLOT NO.E-12, NAVANAGAR, BAGALKOT-587101.

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KASHIBAI W/O. SHIVAMURTEPPA NALAWAD, AGE: 61 YEARS, OCC: HOUSEHOLD WORK, R/O: SADASHIV NAGAR, NEAR GOURISHANKAR TEMPLE, NGO QUARTERS, GADAG ROAD, KOPPAL.

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&RESPONDENTS

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(BY SRI. SHIVARAJ S.BALLOLI, ADVOCATE)

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THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 24.09.2018 PASSED IN O.S.NO.151/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, AT BAGALKOT DISMISSING THE SUIT FILED FOR PARTITION AND ETC.

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THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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- 2 - NC: 2025:KHC-D:16111-DB RFA No. 100038 of 2019

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HC-KAR

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CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS AND

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THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE R.DEVDAS)

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This appeal has been dismissed as against appellant No.2 vide order dated 19.06.2025. However, we find that this is an appeal arising out of a suit for partition.

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