- 1 - NC: 2025:KHC:14355 RSA No. 2631 of 2007 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO. 2631 OF 2007 BETWEEN: 1. SMT. SAKU SHEDTHI, W/O SHEKAR SHETTY, AGED ABOUT 57 YEARS, R/O NEW HOUSE, PARADI, AVARAL OF PALIMAR VILLAGE, POST AVARAL VIA HEJAMADY, UDUPI - 576 101. 2. SMT. MEERA SHEDTHY, W/O SHARMA SHETTY, AGED ABOUT 53 YEARS, R/O SUHADRA SADAN, 3RD FLOOR, FLAT NO 14, 50, GOKULA ROAD, BOMBAY - 20. 3. SRI. VASANTHA SHETY S/O NARAYANA SHETTY AGED ABOUT 61 YEARS R/O CHINKRI GOTHU NANDIKOOR VILLAGE AND POST UDUPI - 576 101. 4. KUPPU A. SHETTY, S/O AITHU SHETTY, AGED ABOUT 75 YEARS, R/O SHIRIN MANZIL, 4TH FLOOR, SITALADEVI TEMPLE ROAD, BOMBAY - 400 016, REP BY GPA HOLDER VASANTHA SHETTY - 3RD APPELLANT. 5. SMT. SUMATHI SHEDTHY, W/O SHRIDHARA SHETTY, AGED ABOUT 50 YEARS, R/O RAMANI NIVAS, NANDIKOOR VILLAGE, UDUPI - 576 101. …APPELLANTS (BY SRI G BALAKRISHNA SHASTRY, ADVOCATE) Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka - 2 - NC: 2025:KHC:14355 RSA No. 2631 of 2007 AND: 1. SMT. RAMANI R. SHETTY, AGED: MAJOR, WIDOW OF RAGHU K. SHETTY, R/O RAMANI NIVAS, NANDIKOOR VILLAGE, UDUPI TALUK - 576 101, REP BY GPA HOLDER. 2. SMT. SHAMBHAVI A. SHETTY, AGED: MAJOR, W/O ANANDA SHETTY, R/O KAJJIGARABETTU, NANDIKOOR VILLAGE AND POST, UDUPI - 576 101. …RESPONDENTS (BY SRI SOHAN H.M., ADVOCATE FOR SRI S. SHAKER SHETTY, ADVOCATE FOR R1 & R2) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE AGAINST THE JUDGMENT & DECREE DATED 30.06.2007 PASSED IN R.A.NO.54/2000 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (SR.DN), UDUPI, DISMISSING THE APPEAL FILED AGAINST THE JUDGMENT AND DECREE DATED 12.11.1999 PASSED IN O.S.NO.252/97 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (JR.DN), UDUPI. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT Challenging judgment and decree dated 03.06.2007 passed by Principal Civil Judge (Sr.Dn.), Udupi, in R.A.no.54/2000 and judgment and decree dated 12.11.1999 passed by Principal Civil Judge (Jr.Dn.), Udupi, in O.S.no.252/1997, this appeal is filed. - 3 - NC: 2025:KHC:14355 RSA No. 2631 of 2007 2. Sri G. Balakrishna Shastry, learned counsel appearing for appellants/defendants no.1 to 5 submits that respondent no.2 was GPA holder of original plaintiff/respondent no.1 and had filed suit for permanent injunction restraining defendants from interfering and trespassing into suit schedule ‘A’ property bearing Sy.nos.167 and 66 of Nandikoor village, Udupi Taluk. Suit was decreed and appeal dismissed, leading to this appeal by defendants. 3. A memo is filed annexed with death certificate, reporting death of Smt.Ramani R Shetty – respondent no.1 herein and original plaintiff, on 24.05.2024. 4. In view of submission and memo, appeal itself would abate. Ordered accordingly, appeal is dismissed as abated. Sd/- (RAVI V HOSMANI) JUDGE GRD List No.: 1 Sl No.: 0