- 1 - NC: 2025:KHC:7995 RSA No. 224 of 2012 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE K.NATARAJAN REGULAR SECOND APPEAL NO. 224 OF 2012 (INJ) BETWEEN: SRI AS MARIYAPPA, S/O LATE SUBBAIAH, AGED ABOUT 66 YEARS, RETD ENGINEER AVARTHI VILLAGE, PERIYAPATNA TALUK, MYSORE DISTRICT. APPELLANT (BY SRI. P NATARAJU .,ADVOCATE) AND: SRI AS LINGAPPA, S/O LATE SUBBAIAH, AGED ABOUT 61 YEARS, AVARTHI VILLAG, EPERIYAPATNA TALUK, MYSORE DISTRICT. RESPONDENT (RESPONDENT SERVED) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 31.10.2011 PASSED IN R.A.NO.136/2009 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, J.M.F.C. HUNSUR, SITTING AT PERIYAPATNA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 21.2.2007 PASSED IN O.S.NO.132/2003 ON THE FILE OF THE LEARNED CIVIL JUDGE (JUNIOR DIVISION) AND J.M.F.C AT PERIYAPATNA AND ETC,. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7995 RSA No. 224 of 2012 CORAM: HON'BLE MR JUSTICE K.NATARAJAN ORAL JUDGMENT This Court vide order dated 23.11.2024 has granted four weeks time to file the paper book by imposing cost of `7,500/-, inspite of laps of two months no cost has been paid and paper book also not filed. 2. Learned counsel for the appellant has filed a memo reporting the death of the appellant and he submits that the appellant died long back but he could not no the date. 3. It appears by operation of law death of sole appellant, the appeal stands dismissed as abated. 4. Pending interlocutory applications do not survive for consideration. SD/- (K.NATARAJAN) JUDGE PNV List No.: 1 Sl No.: 12