- 1 - HC-KAR NC: 2025:KHC:20520 RFA No. 1507 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 1507 OF 2017 (PAR) BETWEEN: MRS. ALICE MARCELINE RODRIGUES, W/O LATE WILLIAM RODRIGUES, AGED ABOUT 71 YEARS, R/AT SECRET HEART COMPOUND, NEAR HIRGAN CHURCH, HIRGANA VILLAGE, POST KUKKUNDUR, KARKALA TALUK, UDUPI DISTRICT-574 104. …APPELLANT (BY SRI. JAYAKARA SHETTY.H., ADVOCATE) AND: 1. MRS. SOFIA RODRIGUES D/O LATE WILLIAM RODRIGUES, AGED ABOUT 39 YEARS, R/AT ANISHA APARTMENT, B 001, GROUND FLOOR, YARI ROAD, VARSAVA, ANDHERI WEST, MUMBAI-61. MAHARASTRA STATE. PERMANENT ADDRESS: SECRET HEART COMPOUND, NEAR HIRGAN CHURCH, HIRGANA VILLAGE, POST KUKKUNDUR, KARKALA TALUK, UDUPI DISTRICT-574 104. 2. MR. WILSON RODRIGUES S/O LATE WILLIAM RODRIGUES, AGED ABOUT 50 YEARS, R/AT SECRET HEART COMPOUND, NEAR HIRGAN CHURCH, HIRGANA VILLAGE, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20520 RFA No. 1507 of 2017 POST KUKKUNDUR, KARKALA TALUK, UDUPI DISTRICT-574 104. 3. SRI RATHNAKAR PAI MAJOR, S/O PURUSHOTHAMA PAI, R/AT:"ANUGRAHA", PERVAJE ROAD, KARAKALA KASABA VILLAGE, KARKALA TALUK, UDUPI DISTRICT-574 104. 4. MR. RENOY D'SILVA, MAJOR, S/O PETER D'SILVA, R/AT "CLARA COMPOUND", DANASALE, KARKALA KASABA VILLAGE, KARKALA TALUK, UDUPI DISTRICT-574 104. 5. MRS. WILMA D'SOUZA MAJOR, S/O.STANEY D'SOUZA, R/AT, "CLARA COMPOUND", DANASALE, KARKALA KASABA VILLAGE, KARKALA TALUK, UDUPI DISTRICT-574 104. …RESPONDENTS (BY SRI. K.C.ARIGA & M.K.VIJAYAKUMAR., ADVOCATE FOR C/R1; R4 & 5-SERVED AND UNREPRESENTED NOTICE TO R2-HELD SUFFICIENT V/O DATED:02.08.2021; R3-ABATED AGAINST APPEAL V/O DATE:22.10.2021) 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: - 3 - HC-KAR NC: 2025:KHC:20520 RFA No. 1507 of 2017 ORAL ORDER Sri.Jayakara Shetty.H., counsel for the appellant and Sri.M.K.Vijayakumar., counsel for respondent No.1. have appeared in person. A memo has been filed by counsel for respondent No.1 on 16.08.2023 stating that the sole appellant has died on 28.03.2023. Memo is placed on record. Counsel for the appellant submits that an appropriate order may be passed. Submission is noted. The sole appellant died back in 2023. Now we are in the month of June, 2025. It's almost two years. The application to bring the legal representatives of deceased sole appellant is not filed. By operation of law, the appeal abates. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 1 Sl No.: 9