- 1 - NC: 2025:KHC:8126 RSA No. 2739 of 2007 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND REGULAR SECOND APPEAL No. 2739 OF 2007 (INJ) BETWEEN: 1. 1a) K. RAMESH SHET, S/O ANANTHA SHET, AGED ABOUT 69 YEARS, R/O DOOR No.231, OPP:M.G.PARK, NH 17, VODERHOBLI VILLAGE, KUNDAPUR TALUK-562117. SINCE DECEASED BY HIS LRs K. RAJESH, S/O LATE K. RAMESH SHET, AGED 38 YEARS, 1b) K. GOPINATH, S/O LATE K. RAMESH SHET, AGED 39 YEARS, 1c) K. REKHA, D/O LATE K. RAMESH SHET, AGED 41 YEARS, 1d) K. PRASHANTH, S/O LATE K. RAMESH SHET, AGED 36 YEARS, 1e) K. DEEPA, D/O LATE K. RAMESH SHET, AGED 34 YEARS, Digitally signed by VALLI MARIMUTHU Location: High Court of Karnataka - 2 - NC: 2025:KHC:8126 RSA No. 2739 of 2007 1f) K. RAGHAVENDRA, S/O LATE K. RAMESH SHET, AGED 32 YEARS, 1g) M.S. SHAKUNTALA, W/O LATE K. RAMESH SHET, AGED 68 YEARS, ALL ARE R/O No.231, NH 17, VODERHOBLI VILLAGE, KUNDAPUR TALUK-562117. …APPELLANTS (BY SRI V. P. KULKARNI, ADVOCATE) AND: 1. K. VISHNUMOORTHY SHET, S/O ANANTHA SHET, AGED ABOUT 55 YEARS, R/O.No.231, OPP:M.G.PARK, NH 17, VODERHOBLI VILLAGE, KUNDAPUR TALUK-562117. …RESPONDENT (BY SRI K. S. VYASARAO, ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGEMENT & DECREE DATED 03.07.07 PASSED IN R.A.No 28/02 ON THE FILE OF THE CIVIL JUDGE (SR.DN), KUNDAPURA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DATED 04.02.02 PASSED IN OS No.222/97 ON THE FILE OF THE II ADDL. CIVIL JUDGE (JR.DN), KUNDAPURA. THIS APPEAL COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:8126 RSA No. 2739 of 2007 CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND ORAL JUDGMENT Learned advocate appearing for the appellant submits that appellant died two years back. In that view, the appeal abates. Accordingly, dismissed as abated. Sd/- (K. V. ARAVIND) JUDGE DDU List No.: 1 Sl No.: 23