- 1 - HC-KAR NC: 2025:KHC:28455 RSA No. 2234 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 2234 OF 2017 (MON) BETWEEN: SHANKARNARAYANA BORKER S/O MADHAVA NAYAK, AGED ABOUT 81 YEARS, R/AT BRAHMARAGUNDA HOUSE, NIDPALLI VILLAGE, PUTTUR TALUK, D.K.DISTRICT - 574 259 …APPELLANT (BY SRI. SACHIN B S., ADVOCATE) AND: 1. RAMACHANDRA BORKER S/O MADHAVA NAYAK, AGED ABOUT 84 YEARS, R/AT BRAHMARAGUNDA HOUSE, NIDPALLI VILLAGE, PUTTUR TALUK, D.K.DISTRICT - 574 259 2. KAMALAKSHA BORKER S/O SHANKARNARAYANA BORKER, AGED ABOUT 50 YEARS, 3. MURALIDHAR S/O SHANKARNARAYANA BORKER, AGED ABOUT 44 YEARS, 4. SHIVAPRASADH S/O SHANKARNARAYANA BORKER, AGED ABOUT 42 YEARS, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28455 RSA No. 2234 of 2017 5. KUM. B SNEHA D/O KAMALAKSHA BORKER, AGED ABOUT 26 YEARS, 6. KUM. B SHREYA D/O KAMALAKSHA BORKER, AGED ABOUT 24 YEARS, 7. MASTER SHISHIRAM BORKER S/O MURALIDHAR, AGED ABOUT 25 YEARS, 8. KUM B. DEEKSHA D/O MURALIDHAR, AGED ABOUT 26 YEARS, RESPONDENT NOS.2 TO 8 ARE R/AT KULKADY HOUSE, ARYAPU VILLAGE AND POST, PUTTUR TALUK, D.K DISTRICT - 574 210 …RESPONDENTS THIS RSA IS FILED U/S. 100 OF CPC., 1908 AGAINST THE JUDGEMENT AND DECREE DTD 30.06.2017 PASSED IN R.A.NO. 39/2015 ON THE FILE OF THE ADDL.SENIOR CIVIL JUDGE AND JMFC., PUTTUR TALUK, D.K. ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DTD 11.09.2015 PASSED IN OS.57/2015 ON THE FILE OF THE ADDL.CIVIL JUDGE AND JMFC., PUTTUR.D.K. AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:28455 RSA No. 2234 of 2017 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL JUDGMENT Learned counsel for the appellant submits that appellant passed away about five years back and there are no legal representatives for the deceased appellant. He submits that the appeal is abated by operation of law and the same may be dismissed as abated. 2. Submission of the learned counsel for the appellant is placed on record. 3. The appeal is dismissed as abated. Sd/- (ASHOK S.KINAGI) JUDGE KG List No.: 1 Sl No.: 11