- 1 - NC: 2025:KHC:3480 RFA No. 1114 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE G BASAVARAJA REGULAR FIRST APPEAL NO. 1114 OF 2013 (INJ) BETWEEN: SMT. RUKMINI H. NADIG, W/O LATE HARI S. NADIG, AGED ABOUT 71 YEARS R/T MALAGI VILLAGE AND POST, MUNDAGOL TALUK, UTTARAKANNADA DISTRICT, REP. BY HER POWER OF ATTORNEY HOLDER SRI KRISHNAMURTHY S/O HARI NADIG …APPELLANT (BY SRI. SRINIVASA T P., ADVOCATE) AND: 1. SRI M.P. MYLARI GUPTA AGE : '71' R/AT NO 110, 3RD MAIN ROAD, 2ND CROSS, NAGENDRA BLOCK, S.B.M COLONY, BEHIND SHAMA'S AYURVEDIK CLINIC BANGALORE 560 050 AND ALSO AT NO.544, ANNAPOORNESHWARI NAGAR, RAJAJINAGAR HOUSING CO-OPERATIVE SOCIETY LTD., BADAVANE, 1ST MAIN ROAD, BANGALORE. 2. SRI A R SHIRIGUPPI, AGE: '60' Digitally signed by LAKSHMINARAYAN N Location: High Court of Karnataka - 2 - NC: 2025:KHC:3480 RFA No. 1114 of 2013 R/AT NO 1973, OMSHANTHI COLONY, VLD HOSPITAL ROAD, BIJAPUR - 586 103. AND ALSO AT C/O NANJUNDEGOWDA SHOP NO.275, 60 FEET, CHANDRAPPA MAIN ROAD, HEALTH LAYOUT, SRIGANDHADA KAVALU, SUNKADAKATTE, BANGALORE 560 091. …RESPONDENTS (BY SRI. M N SATYARAJ, ADV. FOR R1., SRI. SURESH P., ADV. FOR R2.) THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 6.4.2013 PASSED IN O.S.NO.7352/2010 ON THE FILE OF THE 42ND ADDL. CITY CIVIL & SESSIONS JUDGE, BANGALORE, DISMISSING THE SUIT FOR MANDATORY INJUNCTION AND PERMANENT INJUNCTION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE G BASAVARAJA ORAL JUDGMENT Case called out. None present. 2. That on 21.06.2017, learned counsel for respondent No.1 had filed a memo as to the death of respondent No.1 who died on 20.05.2016. The original death certificate of respondent No.1 by name M P Mylari - 3 - NC: 2025:KHC:3480 RFA No. 1114 of 2013 Gupta who died on 20.05.2016 is also produced. Even after lapse of more than 8 (eight) years, the appellant has not taken any steps to bring the legal representatives of deceased respondent No.1 i.e. M P Mylari Gupta. Hence, the case is abated as against respondent No.1. 3. It is noticed that there is no representation on behalf of appellant. As such, no purpose would be served in adjourning the case. 4. Accordingly, I proceed to pass the following: ORDER i. The appeal is abated as against respondent No.1. ii. The appeal is dismissed for non- prosecution and also for not taking steps. Sd/- (G BASAVARAJA) JUDGE SSD List No.: 1 Sl No.: 3