- 1 - HC-KAR NC: 2025:KHC:31146 RSA No. 1370 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR SECOND APPEAL NO. 1370 OF 2013 (PAR) BETWEEN: SRI. N. MALLAIAH, S/O NANJEMARIYAPPA, AGED ABOUT 73 YEARS, R/AT DOOR NO.488/3, POLICE STATION ROAD, KRISHNARAJAPURAM, BANGALORE. …APPELLANT (BY SRI. G.B.MANJUNATHA., ADVOCATE) AND: 1. a) NANJEMARIYAPPA S/O LATE NANJEMARIYAPPA, SINCE DEAD BY HIS LRS MALLAMMA, W/O LATE NANJEMARIYAPPA, R/O NANGALI VILLAGE, MULBAGAL TALUK, KOLAR DISTRICT. b) PUTTAKKAIHAMMA, W/O PUTTAPPA, AGED ABOUT 61 YEARS, R/O KORACHANUR VILLAGE, KASABA HOBLI, MALUR TALUK, KOLAR DISTRICT – 563 130. Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31146 RSA No. 1370 of 2013 c) PUTTAMMA, W/O NANJUNDAIAH, AGED ABOUT 58 YEARS, MARUTHI EXTENSION, MALUR – 563 130, KOLAR DISTRICT. 2. SMT. RATHNAMMA @ DODDAMOOGANNA, AGED ABOUT 58 YEARS, R/O KAMBLIPURA VILLAGE, KASABA HOBLI, MALUR TALUK – 563 130, KOLAR DISTRICT. 3. PUTTAPPA @ APPAJAPPA, S/O LATE DODDANANJAPPA, AGED ABOUT 78 YEARS, R/O KORACHANUR VILLAGE, KASABA HOBLI, MALUR TALUK – 563 130, KOLAR DISTRICT. 4. NANJAMARIYAPPA, S/O LATE AKKAYAMMA THROUGH PUTTAPPA @ APPAJAPPA, AGED ABOUT 58 YEARS, R/O KORACHANUR VILLAGE, KASABA HOBLI, MALUR TALUK – 563 130, KOLAR DISTRICT. 5. a) NAGARAJ, S/O LATE AKKAYAMMA AND PUTTAPPA @ APPAJAPPA SINCE DEAD BY LRS CHANDRAMMA, W/O LATE NAGARAJ, AGED ABOUT 43 YEARS, - 3 - HC-KAR NC: 2025:KHC:31146 RSA No. 1370 of 2013 b) KUMARI ANITHA, D/O LATE NAGARAJ, AGED ABOUT 27 YEARS, c) KUMARI SWETHA, D/O LATE NAGARAJ, AGED ABOUT 25 YEARS, d) MASTER LOKESH, S/O LATE NAGARAJ, AGED ABOUT 21 YEARS, ALL ARE R/AT KORACHANUR VILLAGE, KASABA HOBLI, MALUR TALUK, KOLAR DISTRICT – 563130. 6. NANJAPPA, S/O LATE AKKAYAMMA AND PUTTAPPA @ APPAJAPPA, AGED ABOUT 41 YEARS, RESPONDENT 5(a), (b), (c), (d) AND 6 ARE R/AT KORACHANUR VILLAGE, KASABA HOBLI, MALUR TALUK, KOLAR DISTRICT. 7. GOWRAMMA, AGED ABOUT 45 YEARS, R/O DODDAIGGALUR VILLAGE, KOLAR DISTRICT. 8. ROOPA, W/O VISHWANATH, AGED ABOUT 38 YEARS, R/O VELLISANDI VILLAGE, DONDAGANAPALLI POST, KRISHNAGIRI DISTRICT, TAMIL NADU. - 4 - HC-KAR NC: 2025:KHC:31146 RSA No. 1370 of 2013 …RESPONDENTS (R1(a), R3, R4, R5(a) TO R5(d), R6 & R8 ARE SERVED; R1(b) AND HER LRs – APPEAL ABATED VIDE COURT ORDER DATED 04.02.2020; R1(c) – SERVICE OF NOTICE IS DISPENSED WITH VIDE COURT ORDER DATED 04.08.2025; R7 – SERVICE OF NOTICE IS HELD SUFFICIENT VIDE COURT ORDER DATED 04.02.2020) THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGMENT & DECREE DATED 29.5.2013 PASSED IN R.A.NO.97/2011 ON THE FILE OF SENIOR CIVIL JUDGE, MALUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 29.9.2007 PASSED IN OS.NO.241/2000 ON THE FILE OF PRINCIPAL CIVIL JUDGE (JR.DN.), MALUR. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL JUDGMENT It is submitted that the sole appellant died. Steps are not taken to bring his legal representatives on record. In view of the same, Appeal is dismissed as abated. Sd/- (ANANT RAMANATH HEGDE) JUDGE BSV List No.: 1 Sl No.: 10