- 1 - NC: 2025:KHC-D:4096-DB MFA No. 103425 of 2016 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO.103425 OF 2016 (ISA) BETWEEN: 1. KUMARI N PRATHYUSHA D/O LATE N DEVADAS, AGE: 16 YEARS, OCC: STUDENT, 2. N. KHUSHIK S/O LATE N DEVADAS, AGE: 13 YEARS, OCC: STUDENT, BOTH ARE MINORS R/BY THEIR MOTHER APPELLANT NO.3 3. SMT. ANUSUYA W/O LATE N DEVADAS AGE. 36 YEARS, OCC. HOUSE WIFE, ALL ARE R/AT: H.NO.28, KHB COLONY, WARD NO.25, BELAGAL CROSS, BALLARI. …APPELLANTS (BY SRI. RAJASHEKAR GUNJALLI, ADVOCATE) AND: 1. SMT. N SAROJA W/O LATE N DEVADAS, AGE: 53 YEARS, OCC: HOUSEHOLD, R/AT: H.NO.28, KHB COLONY, WARD NO.25, BELAGAL CROSS, BALLARI. 2. SMT. N MANIKYAMMA W/O LATE N JACOB, AGE: 74 YEARS, OCC: HOUSEHOLD, R/AT: C/O LAZAR, RAMANJINEYA NAGAR, NEAR S.N.T.H. SCHOOL, BALLARI. …RESPONDENTS (BY SRI. B.S. SANGATI, ADVOCATE FOR R1; R2-ABATED) MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:4096-DB MFA No. 103425 of 2016 THIS MFA IS FILED U/S.299 OF INDIAN SUCCESSIONS ACT, AGAINST THE JUDGMENT AND DECREE DATED 29.06.2015, PASSED IN P & SC NO.3/2015, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, BALLARI, ALLOWING PARTLY THE PETITION FILED UNDER SECTION 372 OF INDIAN SUCCESSION ACT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) Since no steps were taken to bring the legal representatives of the deceased respondent No.2, this Court by order dated 16.6.2023 dismissed the appeal as against respondent No.2 as abated. As the appeal is being dismissed against respondent No.2 as abated, no purpose would be served in considering IA No.1/2016 for condonation of delay of 377 days in filing the appeal. Accordingly, IA No.1/2016 is dismissed. Consequently, appeal stands dismissed. In view of dismissal of the appeal, pending IA No.2/2016 for stay would also no more survive for consideration. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE JTR CT:VP LIST NO.: 1 SL NO.: 15