- 1 - HC-KAR NC: 2025:KHC:22097-DB RFA No. 1030 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR JUSTICE T.M.NADAF REGULAR FIRST APPEAL NO.1030 OF 2016 (PAR) BETWEEN: SMT. AMEENABI W/O LATE M K KARIM BAIG AGED ABOUT 88 YEARS R/AT NO.79, SRI GANAPATHI TEMPLE ROAD, SOMWARPET TOWN, KODAGU DISTRICT PIN – 571 236 …APPELLANT (BY SRI. BOPAIAH A G, ADVOCATE) AND: 1. 1a. 1b. SRI. M.K. RAHIM BAIG S/O LATE KASIM BAIG SINCE DECEASED BY HIS LRS SMT AKTHARUNNISA W/O LATE RAHIM BAIG AGED ABOUT 77 YEARS SMT. M.R.ANSAR BAIG S/O LATE M.K.RAHIM BAIG AGED ABOUT 58 YEARS BOTH ARE RESIDING AT II BLOCK, SUNTICOPPA Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22097-DB RFA No. 1030 of 2016 SOMWARPET TALUK KODAGU DISTRICT – 571 236 1c. SMT FOUZIA BEGUM D/O LATE M K RAHIM BAIG AGED ABOUT 52 YEARS R/AT NO.4283, MASJID MOHALLA NEAR POST OFFICE RAMANAGAR – 571 511 1d. SRI M R SUHANA BAIG S/O LATE M K RAHIM BAIG AGED ABOUT 42 YEARS R/AT BADRUNNISA LAYOUT B M ROAD, KUSHAL NAGAR SOMWAR PET TALUK KODAGU DISTRICT – 571 236 2. SRI MOHAN LALJI FATHERS NAME NOT KNOWN TO THE APPELLANT AGED ABOUT 43 YEARS R/AT SANGAM JEWELLERS & BANKERS MADIKERI ROAD SOMWARPET TOWN KODAGU DISTRICT – 571 236 3. SMT RADHA FATHERS NAME NOT KNOWN TO THE APPELLANT AGED ABOUT 53 YEARS R/AT HOUSE NO.9, HOUSING BOARD COLONY HUNSUR TOWN MYSORE DISTRICT – 571 105 4. THE ING VYSYA BANK LTD NO.72, SAINT MARKS ROAD BANGALORE – 560 001 HAVING ITS BRANCH AT B M ROAD - 3 - HC-KAR NC: 2025:KHC:22097-DB RFA No. 1030 of 2016 HUNSUR MYSORE DISTRICT – 571 105 5. THE STATE BANK OF MYSORE BRANCH HUNSUR, BY ITS BRANCH MANAGER HUNSUR MYSORE DISTRICT – 571 105 6. THE CORPORATION BANK THYAGARAJA ROAD SOMWARPET KODAGU DISTRICT BY ITS BRANCH MANAGER THYAGARAJA ROAD SOMWARPET KODAGU DISTRICT – 571 236 …RESPONDENTS (BY SRI. RAKSHITH KUMAR, ADVOCATE FOR R1 (b, c, d); SRI. SHRINIDHI L, ADVOCATE FOR R2; SRI. M.S.VINAYAKA, ADVOCATE FOR R6; R4 IS SERVED; R1(a) IS DISPENSED WITH) THIS RFA IS FILED UNDER ORDER XLI RULE 1 R/W SECTION 96 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 04.03.2016 PASSED IN O.S.NO.50/2008 PASSED BY THE SENIOR CIVIL JUDGE, MADIKERI AND DISMISS THE SUIT BY ALLOWING THIS APPEAL AND ALSO BY AWARDING THE COSTS THROUGHOUT, IN THE INTEREST OF JUSTICE AND EQUITY, ETC THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR JUSTICE T.M.NADAF - 4 - HC-KAR NC: 2025:KHC:22097-DB RFA No. 1030 of 2016 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE S.G.PANDIT) Learned counsel for the appellant would submit that appellant died on 21.01.2025 and there are no legal representatives. 2. Taking note of the above, we are of the opinion that the appeal would abate and does not survive for consideration. Sd/- (S.G.PANDIT) JUDGE Sd/- (T.M.NADAF) JUDGE MH/- List No.: 1 Sl No.: 9