- 1 - NC: 2025:KHC:16146 RSA No. 991 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 991 OF 2016 (POS) BETWEEN: 1. ALBAN DENIS D'SOUZA AGED ABOUT 78 YEARS, S/O SALVADOR D'SOUZA, R/AT DOROTHY VILLA, KITTUR CHENNAMMA ROAD, AJJARKAD, UDUPI-576101 UDUPI TALUK AND DISTRICT …APPELLANT (BY SRI. K.S. VYASA RAO, ADVOCATE) AND: 1. LEELA M PAI AGED ABOUT 81 YEARS, W/O DR. K. MOHANDAS PAI, NEAR PWD OFFICE, K.C. ROAD AJJARKAD, UDUPI - 576 101 UDUPI TALUK AND DISTRICT …RESPONDENT (SRI. V.R. PRASANNA, ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 14.03.2016 PASSED IN R.A NO.35/2010 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE, UDUPI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATE 14.06.2010 PASSED IN O.S NO.191/2002 ON THE FILE OF THE PRL. CIVIL JUDGE, UDUPI. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16146 RSA No. 991 of 2016 CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI ORAL JUDGMENT This Court, vide order dated 11.06.2024 passed the following order: "Learned counsel for the appellant prays for time for filing the paper books. A perusal of the records reveal that this appeal was admitted on 04.07.2016 with a direction to file paper books within six weeks from that date. But again on 23.10.2017 a submission was made that paper books would be filed during the course of the day. Although six to seven years having lapsed, no paper books are filed till today. No sufficient cause is shown for not filing the paper books. Today learned counsel for the appellant seeks time to file paper books. At the request of learned counsel for the appellant, finally one week's time is granted for filing paper books subject to the appellant depositing Rs.10,000/- to the 'Advocates Clerks Association Benevolent Fund", failing which, the appeal will be dismissed for non-prosecution without reference to the Court." - 3 - NC: 2025:KHC:16146 RSA No. 991 of 2016 2. Wherein, this Court was under the impression that the appellant has not filed the paper book. A week's time was granted to file the paper book subject to appellant depositing Rs.10,000/- to the 'Advocates Clerks Association Benevolent fund'. Though the appellant has filed the paper book on 23.10.2017 which was not brought to the notice of the Court, and the Court has imposed the cost on the appellant. 3. Learned counsel submits that order dated 11.06.2024 may be recalled. 4. Perused the records. 5. The appellants filed a paper book on 23.10.2017. Without noticing that the appellant filed the paper books on 23.10.2017, imposed cost of Rs.10,000/-. The appellant has made out a ground to recall the order dated 11.06.2024, imposing the cost of Rs.10,000/-. 6. Learned counsel for the appellant submits that the sole appellant died in 2017, and appeal has become - 4 - NC: 2025:KHC:16146 RSA No. 991 of 2016 abated by the operation of law. Hence, he submits that, the appeal may be dismissed as abated, as the appellant died in 2017. Admittedly, no steps are taken by the legal representatives of the deceased appellant. By operation of law, the appeal is abated. 7. Accordingly, the appeal is dismissed as abated. Sd/- (ASHOK S.KINAGI) JUDGE RCK List No.: 1 Sl No.: 2