- 1 - HC-KAR NC: 2025:KHC:44096 RSA No. 228 of 2009 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN REGULAR SECOND APPEAL NO.228 OF 2009 (DEC/INJ) BETWEEN: 1. SRI R VEERABHADRAIAH S/O. LATE RACHAIAH AGED ABOUT 68 YEARS RESIDENT OF GANGAVADI YERAGAMBALLI POST YELANDUR TALUK CHAMARAJANAGAR DISTRICT. …APPELLANT (BY SRI. SHANKARLINGAPPA NAGARAJ, ADVOCATE) AND: a). SRI S M MADAIAH S/O. LATE MADAIAH AGED ABOUT 64 YEARS RESIDENT OF SUTTUR VILLAGE CHAMARAJANAGAR TALUK SINCE DECEASED REPRESENTED BY LEGAL REPRESENTATIVES, SMT. MAHADEVAMMA W/O LATE S.M. MADAIAH Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44096 RSA No. 228 of 2009 b). c). d). AGED ABOUT 60 YEARS, SRI SOMASHEKAR S/O LATE S.M. MADAIAH AGED ABOUT 45 YEARS, SRI REVANNA S/O LATE S.M. MADAIAH AGED ABOUT 40 YEARS, SRI ROOPESH KUMAR S/O LATE S.M. MADAIAH AGED ABOUT 35 YEARS, ALL ARE RESIDING AT SUTTUR VILLAGE IRASAWADI POST CHAMARAJNAGARA TALUK CHAMARAJANAGAR DISTRICT-571 441. …RESPONDENTS (BY SRI. P. NATARAJU, ADVOCATE FOR R.1 (a to d) THIS RSA IS FILED UNDER SECTION 100 OF CPC., PRAYING TO SET ASIDE THE JUDGEMENT AND DECREE DATED 04.10.2008 PASSED IN R.A.NO.51/2008 ON THE FILE OF THE DISTRICT AND SESSIONS JUDGE, CHAMARAJANAGAR, ETC. THIS APPEAL, COMING ON FOR HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2025:KHC:44096 RSA No. 228 of 2009 ORAL JUDGMENT 1. Learned counsel for the appellant submits that the appellant died about four years ago and his legal representatives have not shown any interest to come on record. He also undertakes to file a memo in this regard. 2. His submission is placed on record. 3. The appeal is dismissed as having abated. Sd/- (M.I.ARUN) JUDGE VMB List No.: 2 Sl No.: 10