- 1 - HC-KAR NC: 2025:KHC:26827 RSA No. 1966 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1966 OF 2013 (INJ) BETWEEN: SEBASTIAN FERNANDES @ THOMAS CHRISTIAN, ADULT R/AT KUTHETHOOR POST & VILLAGE – 575 030 MANGALORE TALUK …APPELLANT (BY SRI. K SHIVARAMA RAO & SRI. ABISHEK MARLA, ADVOCATES) AND: 1. MRS. COCESS D’SOUZA W/O LATE CHARLES D SOUZA CHRISTIAN, ADULT R/AT KULLARKODI HOUSE KUTHETHOOR POST AND VILLAGE – 575 030 MANGALORE TALUK 2. THE SPL. LAND ACQUISITION OFFICER K I A D B, BAIKAMPADY MANGALORE – 575 011 3. MANGALORE REFINERY PETRO CHEMICALS REP. BY ITS ADMINISTRATIVE OFFICER MANGALORE REFINERY PETRO CHEMICALS (MRPL) LTD. MOODUPADAVU – 575 030 MANGALORE TALUK …RESPONDENTS Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26827 RSA No. 1966 of 2013 (BY SRI. M VISHWAJITH RAI, ADVOCATE FOR R1 SRI. ASHOK N. NAYAK, ADVOCATE FOR R2 R3 SERVED) THIS RSA IS FILED U/S. 100 R/W ORDER 42 RULE 1 OF CPC AGAINST THE JUDGEMENT & DECREE DTD 14.8.2013 PASSED IN R.A.NO.157/2001 ON THE FILE OF III ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MANGALORE, D.K., ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DTD 7.3.2001 PASSED IN OS.NO.618/1996 AND O.S.NO.620/1996 ON THE FILE OF II ADDITIONAL CIVIL JUDGE (JR.DN.), MANGALORE. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL JUDGMENT Learned counsel for the respondents submits that the sole appellant passed away in 2023 and submits that the appeal is abated by operation of law. Learned counsel for the appellant does not dispute the death of the appellant and also abatement. - 3 - HC-KAR NC: 2025:KHC:26827 RSA No. 1966 of 2013 Legal representatives of deceased appellant did not come forward to represent the appeal and hence the appeal is abated by operation of law. Sd/- (ASHOK S.KINAGI) JUDGE BVK List No.: 1 Sl No.: 14