Dismissed¶45

Gangawwa W/O. Marutigouda Patil v. Topanagouda S/O. Ninganagouda Patil

Karnataka HC18 Nov 2025RFA/100087/2022

Case brief

AI extract

What is this about?

Abatement of appeal; death of respondents; failure to substitute legal representatives; Section 96 CPC; Regular First Appeal RFA No. 100087 of 2022; reliance on Suresh Chandra (Deceased) through LRs v. Parasram, 2025 INSC 873 (abatement against one respondent abates appeal against all); suit O.S.No.245/2013 for partition, separate possession and declaration dismissed by Principal Senior Civil Judge and CJM Dharwad on 25.06.2020; High Court of Karnataka, Dharwad Bench; R.Devdas and B.Muralidhara Pai; decided 18.11.2025; appeal dismissed as abated.

What did the court decide?

As no applications were filed till date to bring on record the legal representatives of deceased respondent Nos.3 and 5, the appeal stood abated as against respondent Nos.3 and 5 by operation of law. ¶37

Gangawwa W/O. Marutigouda Patil Vs Topanagouda S/O. Ninganagouda Patil — Karnataka HC (2025) — LawSathi Research

¶1

¶2

NC: 2025:KHC-D:15772-DB RFA No. 100087 of 2022

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18^TH DAY OF NOVEMBER 2025 PRESENT

¶5

THE HON'BLE MR. JUSTICE R.DEVDAS

¶6

AND

¶7

THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI REGULAR FIRST APPEAL NO. 100087 OF 2022

¶8

BETWEEN:

¶9

SMT. GANGAWWA W/O. MARUTIGOUDA PATIL, AGED ABOUT 57 YEARS, OCC: AGRICULTURE AND HOUSEWIFE, R/O. NUGGIKERI VILLAGE, TQ AND DIST: DHARWAD-580007.

¶10

SMT. RATNA W/O. NAGANAGOUDA PATIL, D/O. MARUTIGOUDA PATIL, AGED ABOUT 35 YEARS, OCC: AGRICULTURE AND HOUSEWIFE, R/O. MUGALI VILLAGE, TQ: SHIGGAON, DIST: HAVERI-581205.

¶11

Digitally signed by MOHANKUMAR B SHELAR

¶12

Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.19 10:01:41 +0530

¶13

SMT. BASAMMA W/O. BANGARIGOUDA PATIL, D/O. MARUTIGOUDA PATIL, AGED ABOUT 33 YEARS, OCC: AGRICULTURE AND HOUSEWIFE, R/O. MUGALI VILLAGE, TQ: SHIGGOAN, DIST: HAVERI-581205.

¶14

BASANAGOUDA S/O. MARUTIGOUDA PATIL, AGED ABOUT 31 YEARS, OCC: AGRICULTURE, R/O. MUGALI VILLAGE, TQ: SHIGGOAN, DIST: HAVERI-581205.

¶15

…APPELLANTS

¶16

(BY SRI. P.G.CHIKKANARAGUND, ADVOCATE)

¶17

AND:

¶18

TOPANAGOUDA S/O. NINGANAGOUDA PATIL, AGED ABOUT: 67 YEARS, OCC: AGRICULTURE,

¶19

¶20

NC: 2025:KHC-D:15772-DB RFA No. 100087 of 2022

¶21

HC-KAR

¶22

R/O. NUGGIKERI VILLAGE, TQ AND DIST: DHARWAD-580007.

¶23

MARUTIGOUDA S/O. NINGANAGOUDA PATIL, AGED ABOUT: 61 YEARS, OCC: SERVICE & AGRICULTURE, R/O. NUGGIKERI VILLAGE, TQ AND DIST: DHARWAD-580007.

¶24

HANUMANT S/O. VENKATARAO DESAI, AGED ABOUT: 79 YEARS, OCC: UNKNOWN, R/O. #08, DANAVANTARI, CHANKYAPURI KARWAR ROAD-580031, HUBBALLI, DIST: DHARWAD.

¶25

NINGANAGOUDA S/O. TOPANAGOUDA PATIL, AGED ABOUT: 33 YEARS, OCC: AGRICULTURE, R/O. NUGGIKERI VILLAGE, TQ AND DIST: DHARWAD-580007.

¶26

NARASIMHA S/O. VENKATESHRAO DESAI, AGED ABOUT: 81 YEARS, OCC: AGRICULTURE, R/O. CHANAKYAPURI, HUBBALLI-580031, DIST: DHARWAD.

¶27

…RESPONDENTS

¶28

(NOTICE TO R1, R2 AND R4 IS SERVED BUT UNREPRESENTED; R3 AND R5 ARE DECEASED)

¶29

THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 25.06.2020 PASSED IN O.S.NO.245/2013 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, DHARWAD, DISMISSING THE SUIT FILED FOR PARTITION, SEPARATE POSSESSION AND DECLARATION AND ETC.

¶30

3 - NC: 2025:KHC-D:15772-DB RFA No. 100087 of 2022

¶31

HC-KAR

¶32

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

¶33

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

¶34

ORAL ORDER

¶35

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

¶36

Although vide order dated 24.10.2024, it is noticed that

¶37

the learned counsel for the appellants submitted that respondent Nos.3 and 5 are no more and necessary applications will have to be filed, no applications are filed till date. Accordingly, the appeal stood abated as against respondent Nos.3 and 5, by operation of law.

¶38