- 1 - HC-KAR NC: 2025:KHC:25865 RSA No. 1538 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1538 OF 2013 (DEC) BETWEEN: C V PALAKSHAN S/O LATE C.S. VEERAPPA AGED 83 YEARS R/AT MADAVAPET MADIKERI KODAGU DISTRICT 571 201 …APPELLANT (BY SRI. H.N. BASAVARAJU, ADVOCATE) AND: 1. C V YOGENDRANATH S/O LATE C.S. VEERAPPA AGED 60 YEARS R/AT NO 24/1, ALEPET NEAR UPPER OCTROI GATE, MADIKERI KODAGU DISTRICT 571 201 2. C S SUMITHRA W/O LATE SHANTHAMALLAPPA AGED 52 YEARS R/AT NO 1, SHIVA APARTMENT, 13TH CROSS NIRMALA NAGAR, DHARWAD - 03 3. SWETHA D/O LATE SHANTHAMALLAPPA AGED 19 YEARS R/AT NO 1, SHIVA APARTMENT Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25865 RSA No. 1538 of 2013 13TH CROSS, NIRMALA NAGAR DHARWAD- 03 4. DR. D.H. RAJENDRA S/O LATE D H MALLINATHAIAH R/AT NO 31, 14TH CROSS ADI PAMPA ROAD, V V MOHALLA MYSORE 570 002 5. DR D H PRABHUDEVA S/O LATE D H MALLINATHAIAH R/AT NO 31, UPSTAIRS, 14TH CROSS ADI PAMPA ROAD, V V MOHALLA MYSORE 570 002 6. D M SUNETRA MANAGER, CORPORATION BANK MYSORE ROAD MYSORE 7. DR. VEENA SHIVAKUMAR GYNECOLOGIST, FLAT NO 204 56/13, P P VENUGOPAL LAYOUT GANGANAGAR BANGALORE 32 8. C V ANASUIYA HIREMATH W/O LATE HIREMATH 65 YEARS R/AT NO G 202, ADARSH PALACE 47TH CROSS, 5TH BLOCK JAYANAGAR BANGALORE …RESPONDENTS (BY SRI. R B SADASIVAPPA, ADVOCATE FOR R1 SRI. M.V. VEDACHALA, ADVOCATE FOR R2 & R3 V/O DATED 01.10.2013 NOTICE TO R4 TO R7 IS D/W R8 IS SERVED) - 3 - HC-KAR NC: 2025:KHC:25865 RSA No. 1538 of 2013 THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DTD 15.6.13 PASSED IN R.A.NO.75/2012 ON THE FILE OF DISTRICT AND SESSIONS JUDGE, KODAGU, MADIKERI, DISMISSING THE APPEAL FILED AGAINST THE JUDGEMENT AND DECREE DTD 20.7.2012 PASSED IN OS.NO.59/2005 ON THE FILE OF SENIOR CIVIL JUDGE, MADIKERI. 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 appellant filed a memo dated 11.07.2025 stating that the appellant is no more and prays to dismiss the appeal as abated. Memo for abatement is taken on record. The appeal is dismissed as abated. Sd/- (ASHOK S.KINAGI) JUDGE BVK List No.: 1 Sl No.: 10