- 1 - HC-KAR NC: 2025:KHC:18904 RSA No. 1371 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2025 BEFORE` THE HON'BLE MR JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.1371 OF 2021 (PAR) BETWEEN: SMT.MANJULA @ VIJAYALAKSHMI NAYAK W/O VINOD NAYAK AGEDA BOUT 55 YEARS R/AT DOOR NO.2-172 GURUVAYANAKERE KUVETTU VILLAGE BELTHANGADY TALUK D.K-574224. …APPELLANT (BY SRI. RAKSHITH KUMAR, ADVOCATE) AND: 1. SMT. VIJAYALAXMI NAYAK W/O MANJUNATH NAYAK AGED ABOUT 82 YEARS R/AT DOOR NO.2-172 GURUVAYANAKERE KUVETTU VILLAGE BELTHANGADY TALUK D.K DISTRICT-574224. 2. SMT. POORNIMA SHENOY W/O PRITHVIRAJA SHENOY AGED ABOUT 60 YEARS R/AT SANTHE ONI SANTHE MARKET, KARKALA UDUPI DIST-574 104. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18904 RSA No. 1371 of 2021 3. SMT. JAYASHEELA SHETTY W/O KRISHNA SHETTY AGED ABOUT 50 YEARS TEACHER, VENKATRAMANA ENGLISH MEDIUM SCHOOL KUNDAPURA-576 201. 4. SMT. ASHA KINI W/O JAYENDRA KINI AGEDA BOUT 50 YEARS R/AT HIRIYADKA UDUPI TALUK-576 113. 5. SMT. USHA JAIN W/O JAYARAJA JAIN AGED ABOUT 47 YEARS R/AT SHAKTHI NAGARA PO GURUVAYANAKERE KUVETTU VILLAGE BELTHANGADY TALUK D.K. DISTRICT-574 224. …RESPONDENTS THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 29.07.2019 PASSED IN R.A.NO.27/2018 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, BELTHANGADY, D.K, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 29.08.2018 PASSED IN O.S.NO.244/2013 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC, BELTHANGADY AND ETC. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH - 3 - HC-KAR NC: 2025:KHC:18904 RSA No. 1371 of 2021 ORAL JUDGMENT On 21.06.2024, the learned counsel for the appellant reported the death of the sole appellant before the Court and hence, this Court directed the counsel for the appellant to bring the legal representatives of the deceased appellant on record within two weeks. Inspite of the said order, after lapse of one year also, no steps are taken to bring the legal representatives of the deceased appellant on record. Hence, the appeal is dismissed as abated. Sd/- (H.P.SANDESH) JUDGE SN