- 1 - NC: 2025:KHC:4640 RFA No. 274 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE G BASAVARAJA REGULAR FIRST APPEAL NO. 274 OF 2015 (INJ) BETWEEN: SMT.K.S.PUSHPA W/O B.S. PATIL AGED ABOUT 39 YEARS R/AT NO.C/6, BARLI STREET, POLICE QUARTERS, NANJAPPA ROAD, SHANTHINAGAR, BANGALORE-25 …APPELLANT (BY SRI. H V SUBRAMANYA, ADVOCATE (ABSENT)) AND: 1. SRI.K.A.SOMAIAH S/O LATE SRI. K. APPAJI RAO AGED ABOUT 81 YEARS 2. SMT. K.S. NAGALAKSHMI W/O SRI. K.A. SOMAIAH AGED ABOUT 73 YEARS 3. SRI. RAGHU S/O SRI. K.A. SOMAIAH AGED ABOUT 48 YEARS ALL ARE R/AT NO.512/34, M.C. LAYOUT, VIJAYANAGAR, 10TH MAIN, BANGALORE-40 …RESPONDENTS (BY SMT.HARINI, ADVOCATE FOR SRI. R B SADASIVAPPA, ADVOCATE FOR R1-R3) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:4640 RFA No. 274 of 2015 THIS RFA IS FILED U/SEC 96 R/W ORDER 41 RULE 1 OF CPC, AGAINST THE JUDGEMENT AND DECREE DATED 16.1.15 PASSED IN O.S.NO.1580/2012 ON THE FILE OF 42ND ADDITIONAL CITY CIVIL JUDGE, BANGALORE, DISMISSING THE SUIT OF THE APPELLANT/PLAINTIFF AND DECREE THE SAID SUIT OF THE APPELLANT/PLAINTIFF, AS PRAYED FOR WITH EXEMPLARY COSTS AS PRAYED FOR. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE G BASAVARAJA ORAL JUDGMENT Case called out. There is no representation on behalf of the appellant. 2. Learned counsel for the respondents is present. 3. A perusal of previous order sheet dated 26.07.2022 reveals that the learned counsel for respondent Nos.1 to 3 has submitted that respondent Nos.1 and 2 are no more and the said submission was placed on record. 4. Even after lapse of more than two years, the legal representatives of respondent Nos.1 and 2 are not brought on record and appellant has not taken any steps - 3 - NC: 2025:KHC:4640 RFA No. 274 of 2015 to bring legal heirs of deceased respondent Nos.1 and 2. Hence the appeal against respondent Nos.1 and 2 is abated. 5. The appellant is not interested in prosecuting the case. Hence, the appeal is dismissed for default and non-prosecution. Sd/- (G BASAVARAJA) JUDGE ASN List No.: 1 Sl No.: 1