- 1 - HC-KAR NC: 2025:KHC:29925 RSA No. 727 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR SECOND APPEAL NO. 727 OF 2013 (DEC) BETWEEN: 1. B.M. UTHAIAH AGED ABOUT 69 YEARS S/O LATE MUDDAPPA R/O NO.17, PLESANT VIEW 1ST MAIN, OPP H.I.G 249, R.M.V 2ND STAGE BANGALORE - 560 094. 2. SMT. SUSHEELA AGED 57 YEARS W/O LATE B.M. SUBBAIAH 3. B.S. BIDDAIAH AGED 30 YEARS S/O LATE B.M. SUBBAIAH 4. B.S. BOPANNA AGED ABOUT 28 YEARS S/O LATE B.M. SUBBAIAH APPELLANT 2 TO 4 ARE RESIDENT OF NEAR REMAND HOME RACE COURSE ROAD, MADIKERI, KODAGU - 571 201. …APPELLANTS (BY SRI. CHETHAN V, ADVOCATE FOR SRI. B.M. HALASWAMY, ADVOCATE; APPEAL ABATED AGAINST APPELLANT NO.1 VIDE COURT ORDER DATED 24.03.2025) Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29925 RSA No. 727 of 2013 AND: BADDIRA K KALAIAH AGED ABOUT 51 YEARS S/O LATE KARIAPPA R/O KARGUNDA VILLAGE MADIKERE TALUK, KODAGU - 571 201. …RESPONDENT (BY SRI. VENKATESH R. BHAGAT, ADVOCATE) THIS RSA IS FILED U/SEC.100 OF CPC AGAINST THE JUDGMENT & DECREE DATED 08.01.2013 PASSED IN R.A.NO.70/2007 ON THE FILE OF SENIOR CIVIL JUDGE, MADIKERI, PARTLY ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 19.04.2007 PASSED IN O.S.NO.19/2005 ON THE FILE OF PRL. CIVIL JUDGE (JR. DN.) MADIKERI. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL JUDGMENT It is submitted that the death of appellant No.1 was reported on 17.02.2017. Steps are not taken. Appeal was dismissed as abated as against appellant No.1. The matter is listed today for final hearing. Learned counsel for the appellants seeks adjournment on the premise that the remaining appellants will file application to substitute the legal representative of deceased appellant No.1. - 3 - HC-KAR NC: 2025:KHC:29925 RSA No. 727 of 2013 The appeal is of the year 2013. This Court does not find any reason to adjourn the matter on that ground. Learned counsel for the appellant is also not ready to address the arguments on the merits of the appeal. Accordingly, the appeal is dismissed for non prosecution. Sd/- (ANANT RAMANATH HEGDE) JUDGE KA List No.: 1 Sl No.: 25