- 1 - NC: 2023:KHC:32144 RSA No. 1345 of 2009 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF SEPTEMBER, 2023 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR REGULAR SECOND APPEAL NO.1345 OF 2009 (INJ) BETWEEN: SRI. KRISHNAPPA GOWDA, S/O ANNAYYA GOWDA, AGED ABOUT 64 YEARS, R/OF NADUMUTTU HOUSE, SULLIA KASABA VILLAGE, SULLIA TALUK, D.K. - 577 001. …APPELLANT (SRI. KRISHNAPPA GOWDA, APPELLANT IS DEAD) AND: 1. SRI. B. VASUDEVA BHAT, S/O. SUBRAYA BHAT, AGED ABOUT 63 YEARS, R/AT BAPPAKODI HOUSE, MUNI VILLAGE, BANTWAL TALUK, D.K. - 574 211. 2. SRI. KESHAVA MOORTHI, S/O ANANTHA BHAT, AGED ABOUT 81 YEARS, R/AT KALLAPALLI HOUSE, PANATHADI VILLAGE, HOSADURGA TALUK, KASARAGOD DISTRICT, KERALA STATE - 671 121. 3. SRI. B.C. VASUDEVA BHAT, S/O RAMA BHAT, AGED ABOUT 77 YEARS, R/AT KUNTIKANA HOUSE, Digitally signed by CHAITHRA P Location: HIGH COURT OF KARNATAKA - 2 - NC: 2023:KHC:32144 RSA No. 1345 of 2009 AMARAMUDNOOR VILLAGE, SULLIA TALUK D.K. - 577 201. …RESPONDENTS (BY SRI. RAMACHANDRA B., ADVOCATE FOR R1; SRI. B. V. GANGI REDDY, ADVOCATE FOR R2; R3 - IS SERVED BUT UNREPRESENTED) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT & DECREE DATED:20.6.2009 PASSED IN R.A.NO.31/2006 ON THE FILE THE ADDL. CIVIL JUDGE (SR.DN) & JMFC., PUTTUR D.K, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED:28.2.2006 PASSED IN O.S.NO.113/2003 ON THE FILE OF THE CIVIL JUDGE (JR.DN) & JMFC., SULLIA, D.K. AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING: JUDGMENT There is no representation on behalf of the appellant. 2. Court Notice was issued to the appellant. 3. The report from the Senior Civil Judge and JMFC, Sullia, D.K. shows that the sole appellant has died on 01.11.2022. 4. In view of the report of death of the appellant, this appeal does not survive for consideration. - 3 - NC: 2023:KHC:32144 RSA No. 1345 of 2009 5. In view of the above, the appeal stands dismissed as abated. Sd/- JUDGE ABK List No.: 1 Sl No.: 6 CT:PH