- 1 - HC-KAR NC: 2025:KHC:33105 RSA No. 1226 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO.1226 OF 2016 (DEC) BETWEEN: 1. SRI. SHANKARA S/O. LATE SHANKARAIAH, AGED ABOUT 57 YEARS, R/AT S.NO.224, D.NO.1709, NEW NO.37, OPP. BASEER SOCIETY, KYATHAMARANAHALLI, NAZARBAD MOHALLA, MYSURU. 2. SRI. PUTTA S/O. LATE SHANKARAIAH, AGED ABOUT 57 YEARS, R/AT S. NO.224, D.NO.1709, NEW NO.37, OPP. BASEER SOCIETY, KYATHAMARANAHALLI, NAZARBAD MOHALLA, MYSURU. …APPELLANTS (BY SRI. PRAVEEN KUMAR RAIKOTE, ADVOCATE) AND: 1. SMT. THIMMAMMA AGED ABOUT 79 YEARS, W/O. LATE BASAVAIAH, 2. SRI. MAHALINGU S/O. LATE BASAVAIAH, AGED ABOUT 59 YEARS, Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33105 RSA No. 1226 of 2016 3. SRI. PUTTALINGU S/O. LATE BASAVAIAH, AGED ABOUT 57 YEARS. 4. SRI. BASAPPA S/O. LATE BASAVAIAH, AGED ABOUT 54 YEARS. 5. 5(a). SRI. SHANKARA SINCE DECEASED BY LRS SMT. CHENNAMA, W/O. LATE SHANKARA, AGED ABOUT 44 YEARS, 5(b). SMT. MADHU D/O. LATE SHANKARA, AGED ABOUT 27 YEARS, 5(c). SRI. BASAPPA S/O. LATE SHANKARA, AGED ABOUT 24 YEARS, 5(d). SRI. NAGENDRA S/O. LATE SHANKARA, AGED ABOUT 20 YEARS, RESPONDENTS NO. 1 TO 4 AND 5(a) TO 5(d) ARE RESIDING AT NO.4404/2, 13TH CROSS, ASHWATHKATTE ROAD, KYATHAMARANAHALLI, NAZARBAD MOHALLA, MYSURU. …RESPONDENTS (BY SRI. N. NANJUNDA SWAMY, ADVOCATE) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE, AGAINST THE JUDGMENT AND DECREE DATED 19.03.2016 PASSED IN - 3 - HC-KAR NC: 2025:KHC:33105 RSA No. 1226 of 2016 R.A.NO.187/2012 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND C.J.M., MYSURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 03.07.2012 PASSED IN OS.NO.77/2008 ON THE FILE OF THE I ADDITIONAL I CIVIL JUDGE, AND JMFC., MYSURU. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL JUDGMENT 1. No representation on behalf of the appellants. 2. Learned counsel appearing for the respondents submitted that he has filed a memo dated 04.06.2024, stating that appellant No.1 died on 02.08.2020 and appellant No.2 died on 30.06.2023. 3. Since no further action has been taken to bring the legal representatives of deceased appellants on record till date, the appeal abates. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 10