- 1 - HC-KAR NC: 2025:KHC:19310 RSA No. 433 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 433 OF 2018 (DEC) BETWEEN: 1. SRI. MAHADEVA S/O LATE MALLAIAH AND SIDDAMMA, AGED ABOUT 59 YEARS, 2. SMT. MALLAMMA D/O LATE MALLAIAH AND SIDDAMMA, AGED ABOUT 61 YEARS, BOTH RESIDING AT BOODHAHALLI VILLAGE, SOSALE HOBLI, T.NARASIPURA TALUK, MYSORE DISTRICT-571 124. …APPELLANTS (BY SRI. RAGHU PRASAD B.S., ADVOCATE) AND: SRI. NAGAIAH S/O. LATE KARINANJAIAHNA MALLAIAH AND MOLLE SIDDAMMA, AGED ABOUT 74 YEARS, RESIDING AT BOODHAHALLI VILLAGE, SOSALE HOBLI, T.NARASIPURA TALUK, MYSORE DISTRICT-571 124. …RESPONDENT (BY SRI. NARENDRA D.V.GOWDA, ADVOCATE) Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19310 RSA No. 433 of 2018 THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 03.11.2017 PASSED IN R.A.NO.26/2014 BY THE SENIOR CIVIL JUDE AND JMFC., T.NARASIPURA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 02.08.2014 PASSED IN O.S.NO.82/2005 ON THE FILE OF THE CIVIL JUDGE AND JMFC., T.NARASIPURA. ` THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI ORAL JUDGMENT When the matter was listed on 19.11.2024, the learned counsel for the appellants submitted that the sole respondent has passed away and sought short accommodation for filing necessary application. 2. Despite granting sufficient opportunity, the appellants have not taken steps to bring the legal representatives of deceased sole respondent. Hence, the appeal is abated by operation of law. 3. Accordingly, appeal is dismissed as abated. - 3 - HC-KAR NC: 2025:KHC:19310 RSA No. 433 of 2018 4. In view of dismissal of main appeal, I.A.No.1/2018 does not survive for consideration and the same stands disposed off. Sd/- (ASHOK S.KINAGI) JUDGE HJ List No.: 1 Sl No.: 27 CT:ar