- 1 - HC-KAR NC: 2025:KHC:26052 RSA No. 1051 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1051 OF 2013 (INJ) BETWEEN: G HANUMANTHA BHOVI @ PUJARI HANUMANTHAPPA, AGED ABOUT 71 YEARS, OCC: AGRICULTURE, R/OF CHENNAMUBAPURA VILLAGE, SHIMOGA TALUK AND DISTRICT – 577 201. …APPELLANT (BY SRI. S V PRAKASH, ADVOCATE) AND: M ESHWARAPPA S/O MURUDAPPA, AGED ABOUT 66 YEARS, AGRICULTURIST, R/OF NAVULE, SHIMOGA TALUK & DISTRICT – 577 201. …RESPONDENT (BY SRI. P N HARISH, ADVOCATE) THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DTD 6.3.13 PASSED IN R.A.NO.66/2011 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND CJM, SHIMOGA, DISMISSING THE APPEAL AND Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26052 RSA No. 1051 of 2013 CONFIRMING THE JUDGEMENT AND DECREE DTD 26.8.2011 PASSED IN OS.NO.360/2007 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, SHIMOGA. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL JUDGMENT On 08.07.2025 a memo was filed reporting the death of the appellant, who passed away two years back and a week’s time was granted to file necessary applications. 2. Despite granting sufficient time, legal representatives of deceased appellant did not file necessary applications to come on record. 3. As the appellant died about 2 years back, appeal is abated by the operation of law. Accordingly, appeal is dismissed as abated. - 3 - HC-KAR NC: 2025:KHC:26052 RSA No. 1051 of 2013 In view of the dismissal of the appeal I.A.No.2/2023 does not survive for consideration. Accordingly, disposed of. Sd/- (ASHOK S.KINAGI) JUDGE BVK List No.: 1 Sl No.: 32