- 1 - NC: 2025:KHC:10163 RSA No. 2715 of 2010 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO. 2715 OF 2010 (RES) BETWEEN: SRI THOYAJAKSHA, S/O NARAYANA ACHARAYA, AGED ABOUT 69 YEARS, KUDUMBLADI, KEDILA VILLAGE, BANTGWAL TALUK, D.K. - 574 220 …APPELLANT (BY SRI. P. VITTALA SHETTY, ADVOCATE) AND: 1. MR. ANANDA RAO, S/O CHINNYACHARAYA, AGED ABOUT 79 YEARS, RESIDING AT KUDUMBLADI, KEDILA VILLAGE, BANTWAL TALUK D.K - 574 220 SINCE DECEASED BY LRS 1(A) SMT. MEENAKSHI, W/O LATE ANANDA RAO, AGED ABOUT 75 YEARS, KUDUMBLADI, KEDILA VILLAGE, BANTWAL TALUK, D.K. - 574 220. 1(B) SMT. VIJAYA, D/O LATE ANANDA RAO W/O VASUDEVA ACHARYA, AGED ABOUT 54 YEARS, MOTOR WINDING WORKS, VENKATARAMANA LODGE, TEMPLE SQUARE, CAR STREET, MANGALORE - D.K. DISTRICT - 575 001. 1(C) SRI PURANDARA S/O LATE ANANDA RAO, Digitally signed by SWAPNA V Location: high court of karnataka - 2 - NC: 2025:KHC:10163 RSA No. 2715 of 2010 AGED ABOUT 52 YEARS, KUDUMBLADI, KEDILA VILLAGE, BANTWAL TALUK, D.K. - 574 220. 1(D) SMT. PRAFULLA, D/O LATE ANANDA RAO, AGED ABOUT 50 YEARS. KUDUMBLADI, KEDILA VILLAGE, BANTWAL TALUK, D.K.- 574 220. 1(E) SRI. HARISH, S/O LATE ANANDA RAO AGED ABOUT 46 YEARS, KUDUMBLADI, KEDILA VILLAGE, BANTWAL TALUK, D.K. - 574 220. 1(F) SRI YASHWANTH, S/O LATE ANANDA RAO, AGED ABOUT 43 YEARS, KUDUMBLADI, KEDILA VILLAGE, BANTWAL TALUK, D.K.-574 220. 2. YASHODHARA, S/O NARAYANA ACHARYA, AGED ABOUT 69 YEARS, KUDUMBLADI, KEDILA VILLAGE, BANTWAL TALUK, D.K - 574 220. 3. SAROJINI D/O NARAYANA ACHARYA, AGED ABOUT 67 YEARS KUDUMBLADI, KEDILA VILLAGE, BANTWAL TALUK, D.K - 574 220. 4. SHANTHA D/O NARAYANA ACHARYA, AGED ABOUT 65 YEARS, KUDUMBLADI, KEDILA VILLAGE, BANTWAL TALUK, D.K - 574 220. 5. HEMAVATHI D/O NARAYANA ACHARYA, AGED ABOUT 63 YEARS, KUDUMBLADI, KEDILA VILLAGE, BANTWAL TALUK, D.K - 574 220. - 3 - NC: 2025:KHC:10163 RSA No. 2715 of 2010 6. JAYAKARA, S/O SHAMARAYA, AGED ABOUT 60 YEARS, KUDUMBLADI, KEDILA VILLAGE, BANTWAL TALUK, D.K - 574 220. …RESPONDENTS (BY SRI. SACHIN B.S., ADVOCATE FOR R1(A,C,E & F) SRI. DIVAKARA K.N., ADVOCATE FOR R1 (B & D) NOTICE TO R2, R3, R4 & R6 ARE SERVED AND UNREPRESENTED V/O DATED 21/04/2014, NOTICE TO R5 IS HELD SUFFICIENT) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 10.8.2010 PASSED IN R.A.NO.132/2008 ON THE FILE OF THE I ADDL. DISTRICT JUDGE, D.K., MANGALORE, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 15.10.2008 PASSED IN O.S.NO.313/2004 (RE NUMBER 26/2006) ON THE FILE OF THE CIVIL JUDGE (SR.DN) & JMFC., BANTWAL, D.K. THIS RSA, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE RAVI V HOSMANI ORAL JUDGMENT Learned counsel for respondents has filed memo reporting death of sole appellant on 29.08.2023. Memo is accompanied with death certificate. Since, steps are not taken in time, appeal is dismissed as abated. Sd/- (RAVI V HOSMANI) JUDGE SPV/List No.: 1 Sl No.: 2