- 1 - NC: 2025:KHC:8560 RFA No. 177 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE G BASAVARAJA REGULAR FIRST APPEAL NO. 177 OF 2019 (MON) BETWEEN: LATE JOHN WELLINGTON AGED ABOUT 82 YEARS, S/O. LATE. GABRIEL D'SOUZA, R/AT NO.139, SONNEHALLI EXTENSION, MIG VIVEKA NAGARA, BANGALORE-560047 …APPELLANT (BY SRI. S.D.N. PRASAD, ADV.) AND: 1. SMT. J. K. MARY VERGINA AGED ABOUT 68 YEARS, W/O. SAMUEL C. A., 2. SRI. SUNIL ROBERT S. AGED ABOUT 42 YEARS, S/O. SAMUEL C.A., BOTH ARE R/AT NO.3283, 4TH CROSS, GAYATHRI NAGAR, BANGALORE-560021. …RESPONDENTS (APPEAL AGAINST - 'R1' IS DISMISSED AS ABATED V/O DATED: 27.02.2025, R2 - SUNIL ROBERT S. - PARTY-IN-PERSON - SERVED AND UNREPRESENTED.) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 11.10.2018 Digitally signed by LAKSHMINARAYAN N Location: High Court of Karnataka - 2 - NC: 2025:KHC:8560 RFA No. 177 of 2019 PASSED IN O.S.NO.6684/2011 ON THE FILE OF THE XXXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE CITY, DISMISSING THE SUIT FOR RECOVERY OF MONEY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE G BASAVARAJA ORAL JUDGMENT Learned counsel for the appellant is present. 2. A memo dated 27.08.2021 is filed by respondent No.2, wherein it is stated that respondent No.1 died on 10.05.2021. Hence, the case against respondent No.1 is abated. 3. Similarly, a memo dated 23.08.2021 filed by Sri. Joyce Christina Samuel, party-in-person reveals that the sole appellant expired on 01.12.2020. Hence, the appeal is abated. Sd/- (G BASAVARAJA) JUDGE SSD List No.: 1 Sl No.: 2