- 1 - HC-KAR NC: 2025:KHC:35163 RSA No. 369 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 369 OF 2025 (INJ) BETWEEN: 1. E.N. SRINIVAS S/O LATE E.V. NARAYANA DUTH, AGED ABOUT 59 YEARS 2. SRI. E.G. SATHYANARAYANA, S/O LATE E.V. GURURAJ, AGED ABOUT 51 YEARS, BOTH ARE R/O MEGALAPALYA ROAD, Y N HOSAKOTE TOWN AND HOBLI, PAVAGADA TALUK - 572 141. …APPELLANTS (BY SRI. SHIVA PRASAD E, ADVOCATE) AND: 1. SMT. OBAMMA W/O LATE KARIYAPPA, AGED ABOUT 79 YEARS, 2. SMT. RANGAMMA, D/O OBAMMA, W/O KARIYAPPA AGED ABOUT 57 YEARS, BOTH ARE R/O MEGALAPALYA ROAD, Y.N. HOSAKOTE TOWN AND HOBLI, PAVAGADA TALUK - 572 141. …RESPONDENTS (VIDE ORDER DATED 02.09.2025, APPEAL AGAINST R1 IS ABATED; R2 IS SERVED AND UNREPRESENTED) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35163 RSA No. 369 of 2025 THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 13.11.2024 PASSED IN RA NO.13/2020 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, PAVAGADA., DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 12.11.2019 PASSED IN OS NO.196/2016 ON THE FILE OF ADDITIONAL CIVIL JUDGE AND JMFC, PAVAGADA. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Heard Sri.Shivaprasad E., learned counsel for the appellants. Respondents are served and unrepresented. 2. Having heard the arguments of learned counsel for the appellants, it is a fit case where the matter is to be remitted to the First Appellate Court for fresh disposal to bring the legal representatives of deceased plaintiff No.1 and then proceed with the case in accordance with the law as no order came to be passed by the First Appellate Court - 3 - HC-KAR NC: 2025:KHC:35163 RSA No. 369 of 2025 on the application filed by the defendants to bring the legal representatives of deceased plaintiff No.1 on record. 3. It is settled principles of law and requires no emphasis that before the final judgments, the Court is required to dispose of all pending applications and then pass the final judgment. 4. In the case on hand, since the application filed by the defendants who are the appellants to bring the legal representatives of deceased plaintiff No.1 on record is not disposed of, the judgment passed by the First Appellate Court cannot be sustained in the eye of law. 5. View of this Court is supported by the Division Bench judgment of this Court in the case of Veera Vahana Udyog Pvt, Ltd., Rep. by its M.D. v. The Karnataka State Road Transport Corporation, Rep. by Managing Director and Others reported in ILR 2010 KAR 507. 6. Accordingly, the following: - 4 - HC-KAR NC: 2025:KHC:35163 RSA No. 369 of 2025 ORDER i. Appeal is allowed. ii. Impugned judgment passed by the First Appellate Court in RA No.13/2020 dated 13.11.2024 on the file of the Senior Civil Judge and JMFC, Pavagada is hereby set aside. iii. Matter is remitted to the First Appellate Court for fresh disposal in accordance with law after disposing of the application to bring the legal representatives of deceased plaintiff No.1 on record. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 65 CT: BHK