1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2022 BEFORE THE HON'BLE MR. JUSTICE RAVI V. HOSMANI REGULAR SECOND APPEAL NO.19/2014 (POS/INJ) BETWEEN : 1. DODDAMARIYAPPA S/O LATE DODDAIAH, AND ADOPTED SON OF CHOWDAIAH, SINCE DEAD BY HIS LRS. 1(a). RAMAMMA, S/O LATE DODDAMARIYAPPA, AGED ABOUT 60 YEARS, (SINCE DIED ON 01-08-2013) ALL HER LRS ARE ALREADY ON RECORD AS LRS. 1(b) & 1(c). 1(b). RAMESH S/O LATE DODDAMARIYAPPA DEAD BY L.RS. 1(b)(a)SMT. SUJATHA W/O. LATE RAMESH AGED ABOUT 39 YEARS. 1(b)(b)KUM. RAKSHITHA D/O. LATE RAMESH AGED ABOUT 17 YEARS. 1(b)(c)KUM. NANDHITHA D/O. LATE RAMESH AGED ABOUT 10 YEARS. [APPELLANTS NO.1(b)(b) AND 1(b)(c) ARE MINORS, REPRESENTED BY THEIR NATURAL GUARDIAN/MOTHER SMT. SUJATHA]. 1(b)(a) TO 1(b)(c) ARE 2 ALL RESIDING AT CHOWDAIAHNA DODDI JAKKANAHALLI POST, KAILANCHA HOBLI, RAMANAGARA TALUK, RAMANAGARA DISTRICT. 1(c). RUDRAIAH S/O. LATE DODDA MARIYAPPA AGED ABOUT 30 YEARS, 2. PAPANNA S/O. LATE DODDA MARIYAPPA AGED ABOUT 70 YEARS, 3. KAGALLAIAH S/O. LATE CHOWDAIAH SINCE DEAD BY HIS LRS. 3(a) CHOWDEGOWDA, S/O. LATE KAGALLAIAH, AGED ABOUT 67 YEARS, 3(b) DODDEGOWDA S/O. LATE KAGALLAIAH, DEAD BY LRS. 3(b)(a)SMT. KEMPARAJAMMA W/O. LATE DODDAGOWDA AGED ABOUT 60 YEARS. 3(b)(b)SMT. LALITHA D/O. LATE DODDAGOWDA AGED ABOUT 32 YEARS. 3(b)(c)SRI CHANDRASHEKAR S/O. LATE DODDAGOWDA AGED ABOUT 30 YEARS. 3(b)(d)SMT. HEMALATHA D/O. LATE DODDAGOWDA AGED ABOUT 28 YEARS. 3(b)(a) TO 3(b)(d) ARE ALL RESIDING AT NO.3/1-2, 6TH MAIN ROAD, BYATARAYANAPURA, MYSORE ROAD, BENGALURU - 560 026. 3 3(c) KAGGALLAIAH @ PUTTAIAH S/O LATE KAGALLAIAH, AGED ABOUT 61 YEARS. 3(d) RAMACHANDRAIAH S/O LATE KAGALLAIAH, AGED ABOUT 57 YEARS. 4. HOTTAPPA S/O. LATE CHOWDAIAH SINCE DEAD BY HIS LRS. 4(a) CHOWDAIAH, S/O LATE HOTTAPPA. AGED ABOUT 53 YEARS, 4(b) DODDAIAH S/O LATE HOTTAPPA. AGED ABOUT 48 YEARS, 4(c) SHIVANNA S/O LATE HOTTAPPA. AGED ABOUT 43 YEARS, 4(d) RAMAIAH S/O. LATE HOTTAPPA AGED ABOUT 38 YEARS. 4(e) MARISWAMY S/O. LATE HOTTAPPA AGED ABOUT 31 YEARS. 5. D.CHOWDAIAH S/O LATE DODDAIAH, AGED ABOUT 88 YEARS. ALL ARE RESIDING AT CHOWDAIAHNA DODDI JAKKANAHALLI POST, KYLANCHA HOBLI, RAMANAGARA TALUK- 562 159 RAMANAGARA DIST. ...APPELLANTS (BY SRI S. SHEKAR SHETTY, ADVOCATE FOR APPELLANT NO.1(C), APPELLANT NOS.3(a) TO (c), APPELLANT NOS.4(a) TO (d), APPELLANT No.5. 4 AND : NAGAIAH S/O SANNA DODDAIAH, AGED ABOUT 68 YEARS, RESIDING AT CHOWDAIAHNADODDI JAKKANAHALLI POST, KYLANCHA HOBLI, RAMANAGARA TALUK - 562 159 RAMANAGARA DISTRICT. … RESPONDENT (BY SRI M. C. JAYAKIRTHI, ADVOCATE) THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE JUDGMENT & DECREE DATED 07.08.2013 PASSED IN R.A.NO.13/2007 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE & CJM, RAMANAGARA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 25.11.2006 PASSED IN O.S.NO.122/1998 ON THE FILE OF THE CIVIL JUDGE (JR.DN) & ADDL. JMFC., RAMANAGARAM. THIS RSA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING: ORDER Sri N. Subba Shastry, learned counsel for appellants has filed a memo dated 16.02.2021 for retirement along with acknowledgement of appellant no.6 for having received entire file. 2. Memo is placed on record and learned counsel is permitted to retire from case. 3. Till date no other arrangement is made by appellants to engage counsel. 5 4. In the meanwhile, learned counsel for respondent has filed a memo reporting death of sole respondent on 25.12.2021. 5. Memo is taken on record. Since steps are not taken in respect of sole respondent within time, appeal is dismissed as abated. Sd/- JUDGE BS