- 1 - HC-KAR NC: 2025:KHC:46623 RSA No. 1738 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR SECOND APPEAL NO. 1738 OF 2019 BETWEEN: SRI. SUCHIVARATHA K P SHETTY S/O. LATE. SRI. SUBBAYYA SHETTY, AGED ABOUT 46 YEARS HOTEL SHIVSAGAR, NEAR THOKKOTTU CIRCLE, THOKKOTTU, PERMANNUR POST, ULLAL, MAGALORE TALUK, D.K. DIST 574145. …APPELLANT (BY SRI. SACHIN B S., ADVOCATE (PH)) AND: SRI. J. NARAYANA S/O. LATE. KANNA BELCHANDA, AGED ABOUT 71 YEARS R/AT LAXMI NIVAS, KUTTARPADAVU, MUNNUR VILLAGE, MANGALORE TALUK, D.K. DIST 574145. …RESPONDENT (BY SRI. ANANDA., ADVOCATE (ABSENT) ) Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46623 RSA No. 1738 of 2019 THIS RSA IS FILED UNDER SECTION 100 OF CPC, 1908 AGAINST THE JUDGMENT AND DECREE DATED 26.08.2019 PASSED IN R.A.NO 114/2018 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, MANGALURU D.K. DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 10.09.2018 PASSED IN O.S.NO.416/2012 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE, MANGALURU, D.K. AND CONSEQUENTLY ALLOW THE APPEAL IN R.A.NO.114/2018 IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT Despite granting sufficient opportunity to bring the legal representatives of the deceased respondent on record, learned Counsel for the appellant submits that he is unable to get instructions. 2. Accordingly, the appeal shall stand abated against the respondent. Sd/- (RAJESH RAI K) JUDGE DL CT: JL