- 1 - HC-KAR NC: 2025:KHC:18629 RFA No. 962 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 962 OF 2016 (MON) BETWEEN: SRI. VENKATESH S/O. OBAYYA, AGED ABOUT 64 YEARS, R/AT NO. 36, VADERAHALLI LAYOUT, VADERAHALLI BANGALORE NORTH TALUK, BANGALORE-560 097. …APPELLANT (BY SMT. VIDYA.S., ADVOCATE [ABSENT]) AND: SRI. VIMAL KISHORE S/O. V.ARJUN LAL PITILIYA, AGED ABOUT 45 YEARS, R/AT NO. 11, RMV 2ND STAGE, LOTEGOLLA HALLI, NEAR GANDHI SCHOOL, BANGALORE-560 094. …RESPONDENT (BY SRI. VIJAYA SHEKARA GOWDA., ADVOCATE) THIS REGULAR FIRST APPEAL IS FILED UNDER ORDER XLI RULE 1 READ WITH SECTION 96 CPC 1908. THIS REGULAR FIRST APPEAL IS LISTED FOR ADMISSION, THIS DAY, THE JUDGMENT WAS DELIVERED AS UNDER: Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18629 RFA No. 962 of 2016 ORAL JUDGMENT When the matter is called, there is no representation on behalf of the appellant, either personally or through video conferencing. Sri.Vijaya Shekara Gowda.V., counsel for the respondent has appeared in person. A perusal of the daily order sheet reflects that the appeal was listed on 25.07.2023, on that day, counsel for the respondent submitted that the sole respondent died on 18.07.2023. Taking note of the said submission, time was granted for the appellant to do the needful in the matter. Now we are in the month of June 2025. It's almost two years. The application to bring the legal representatives of deceased sole respondent is not filed. By operation of law, the appeal abates. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 1 Sl No.: 16