- 1 - HC-KAR NC: 2025:KHC:43618 RSA No. 969 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 969 OF 2013 (INJ) BETWEEN: PATTU NAIK S/O LATE KORAGA NAIK AGED ABOUT 70 YEARS, URUBAILU NILUBAGILU VILLAGE & POST 577120 KOPPA TALUK …APPELLANT (BY SRI. S G BHAGAVAN., ADVOCATE) AND: KRISHNAMURTHY S/O LATE SEENA NAIKA Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43618 RSA No. 969 of 2013 AGED ABOUT 64 YEARS URUBAILU NILUBAGILU VILLAGE & POST 577120 KOPPA TALUK …RESPONDENT (BY SRI. GIRISH KODGI., ADVOCATE) THIS RSA IS FILED U/S 100 R/W ORDER 42 RULE 1 OF CPC., AGAINST THE JUDGMENT & DECREE DATED 6.3.2013 PASSED IN R.A.NO.38/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC., CHIKMAGALORE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 29.1.2011 PASSED IN OS.NO.41/2008 ON THE FILE OF THE CIVIL JUDGE & JMFC., KOPPA. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: --------- CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI - 3 - HC-KAR NC: 2025:KHC:43618 RSA No. 969 of 2013 ORAL JUDGMENT Learned counsel for the appellant filed a memo reporting the death of the appellant, who passed away on 04.02.2023 and produced a photocopy of the death certificate of the appellant and also stated that the sole respondent also died recently. Hence, the appeal is abated. Memo and submission is taken on record. Accordingly, the appeal is dismissed as abated. Sd/- (ASHOK S.KINAGI) JUDGE SKS CT:KHV