- 1 - HC-KAR NC: 2025:KHC:21549 RSA No. 930 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 930 OF 2016 (MON) BETWEEN: 1. M/S ANUPAMA COFFEE LINKS, B. M. ROAD, HASSAN, APARTNERSHIP FIRM REPRESENTED BY ITS MANAGING PARTNER, 573201. 2. B H DEVAPPA (SINCE DECEASED) S/O B L HONNAPPA, ANUPAMA ESTATE, SULAGODU, RAYARAKOPPAL POST, ALUR TALUK HASSAN DISTRICT 2(A). PRAVEEN D BARTHU, S/O. LATE B. H. DEVAPPA, AGED ABOUT 37 YEARS, 2(B). PAVAN D BARTHUR S/O. LATE B. H. DEVAPPA, AGED ABOUT 33 YEARS, 2(C). ANUPAMA NISHANTH W/O. NISHANTH AGED ABOUT 29 YEARS, ALL ARE RESIDING AT ANUPAMA ESTATE, SULAGODU, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21549 RSA No. 930 of 2016 RAYARAKOPPAL POST, ALUR TALUK, HASSAN DISTRICT. 3. SUVARNALATHA DEVAPPA W/O B. H. DEVAPPA, AGED 61 YEARS, ANUPAMA ESTATE SULAGODU, RAYARAKOPPAL POST, ALUR TALUK, HASSAN DISTRICT 573201. 4. B. P. PRAKASH S/O PUTTEGOWDA, AGED 60 YEARS, COFFEE PLANTER, SURUGODU ESTATE, BIKKODU POST, BELUR TALUK, HASSAN DISTRICT-573201. 5. PRABHA PRAKASH W/O B. P. PRAKASH, AGED 55 YEARS, SURUGODU ESTATE, BIKKODU POST, BELUR TALUK, HASSAN DISTRICT-573201. …APPELLANTS (BY SRI. PRASAD HEDGE K, ADVOCATE AND SRI. SIDDESWARA, ADVOCATE) AND: SRI Y.S. PURNAHANDRA, S/O LATE SADASHIVAPPA, AGED ABOUT 60 YEARS, AUDITOR, OLD SALAGAME ROAD, NORTHERN EXTENTION, HASSAN - 573201 …RESPONDENT - 3 - HC-KAR NC: 2025:KHC:21549 RSA No. 930 of 2016 THIS RSA IS FILED UNDER SEC.100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 19.01.2016 PASSED IN R.A.NO.35/2010 ON THE FILE OF III ADDL. DISTRICT AND SESSIONS JUDGE, HASSAN, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 02.01.2010 PASSED IN O.S.NO.5/2001 ON THE FILE OF PRINCIPAL CIVIL JUDGE (SR.DN.), HASSAN. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI ORAL JUDGMENT Notice was issued to the sole respondent, postal cover returned with a shara as "addressee deceased" in 2023. On 17.08.2023, at the request of learned counsel for the appellant, time was granted to file necessary application. Despite of granting sufficient opportunity, the appellants have not taken steps against the deceased sole respondent. 2. The appeal is abated by operation of law. - 4 - HC-KAR NC: 2025:KHC:21549 RSA No. 930 of 2016 3. Accordingly, appeal is dismissed as abated. Sd/- (ASHOK S.KINAGI) JUDGE LDC List No.: 2 Sl No.: 27