- 1 - HC-KAR NC: 2025:KHC:19897 RFA No. 1793 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 1793 OF 2017 (PAR) BETWEEN: SHRI. K.R.VENKATARAYAPPA S/O LATE RAMAIAH, AGED ABOUT 61 YEARS, R/AT KARIGANAPALYA VILLAGE, KASABA HOBLI, CHIKKABALLAPURA TALUK-562 105. …APPELLANT (BY SRI. MADHUSUDAN., ADVOCATE FOR SRI.VISWANATH SETTY.V., ADVOCATE) AND: 1. SMT. VENKATARATHNAMMA D/O RAMAIAH, AGED ABOUT 65 YEARS, 2. SMT. NARAYANAMMA D/O RAMAIAH, C/O SHIVANNA, AGED ABOUT 61 YEARS, NO.1 & 2 ARE R/AT SHANTHARAJA BUILDING, RAMACHANDRAPURA, JALAHALLI POST, BANGALORE 560 013. 3. SHRI VENKATESH S/O NARAYANAPPA, AGED ABOUT 49 YEARS, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19897 RFA No. 1793 of 2017 R/AT 'B' BLOCK, GUDIBANDE TOWN, CHIKKABALLAPURA DISTRICT-562 105. 4. 4(a). SHRI KRISHNAMURTHY S/O NARAYANAPPA, SINCE DECEASED BY HIS LR'S SMT. KAVITHA W/O LATE KRISHNAMURTHY, AGED ABOUT 39 YEARS, 4(b). KUM. GEETHANJALI D/O LATE KRISHNAMURTHY, AGED ABOUT 16 YEARS, 4(c). RAJENDRA S/O LATE KRISHNAMURTHY, AGED ABOUT 14 YEARS, LR'S (b) & (c) ARE MINORS REP. BY THEIR NATURAL GUARDIAN/ MOTHER SMT. KAVITHA. LR'S NO.4(a) TO (c) ARE R/AT C/O SRINIVAS, CHELUR ROAD, OPP. APMC YARD, CHINTAMANI-563 125. 5. SMT. VENKATALAKSHMAMMA D/O LATE RAMAIAH, W/O AVALAPPA, AGED ABOUT 75 YEARS, 6. SHRI VENKATANARAYANAPPA S/O LATE CHIKKA VENKATARAYAPPA, MAJOR, 7. SHRI R.GOPAL REDDY S/O LATE K.RAMA REDDY, - 3 - HC-KAR NC: 2025:KHC:19897 RFA No. 1793 of 2017 AGED ABOUT 65 YEARS, R/AT NO.62, SAPNA SADANA COLONY, 5TH 'A' CROSS, BTM LAYOUT II STAGE, BANGALORE-560 076. …RESPONDENTS (BY SMT. SHARVANI.P.T., ADVOCATE FOR SRI. RAHUL.S.REDDY., ADVOCATE FOR R1 TO 4(a); SRI. B.S.PRASAD., ADVOCATE FOR R5; SRI. SRIKANTH REDDY.B.S., ADVOCATE FOR SRI. MANMOHAN.P.N., ADVOCATE FOR R7; R6-SERVED AND UNREPRESENTED; R4(B & C) ARE MINORS REPRESENTED BY R4(a) ) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF THE CPC. THIS REGULAR FIRST APPEAL IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Madhusudan., counsel on behalf of Sri.Viswanath Setty.V., for the appellant has appeared in person. A memo has been filed by counsel for respondents 1 to 4 on 05.03.2025 stating that the sole appellant has died on 13.08.2024. Memo is placed on record. A perusal of the same depicts that the sole appellant died back in 2024. The application to bring the legal representatives - 4 - HC-KAR NC: 2025:KHC:19897 RFA No. 1793 of 2017 of deceased sole appellant is not filed. By operation of law, the appeal abates. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 1 Sl No.: 8