- 1 - HC-KAR NC: 2025:KHC:25864 RSA No. 735 of 2016 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. 735 OF 2016 (DEC/INJ) BETWEEN: SMT. JALAJAKSHI SHEDTHI D/O LATE SHESHA SHETTY AGED ABOUT 82 YEARS SHESHA SADAN PANDESHWARA VILLAGE UDUPI TALUK P.O SASTAN-576 226 …APPELLANT (BY SRI. K B PRASAD HEGDE, ADVOCATE) AND: 1. MR MAKKI SHEENA POOJARY S/O SUBBU POOJARTHI AGED ABOUT 74 YEARS 2. SMT. RADHU HENGSU W/O MAKKI SHEENA POOJARI AGED ABOUT 69 YEARS BOTH ARE R/OF PANDESHWARA VILLAGE P.O.SASTAN UDUPI TALUK-576 226 …RESPONDENTS (BY SRI. K SHRIHARI, ADVOCATE FOR R1 & R2) Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25864 RSA No. 735 of 2016 THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 02.01.2016 PASSED IN RA NO.65/2005 ON THE FILE OF THE SENIOR CIVIL JUDE, KUNDAPURA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 03.06.2005 PASSED IN OS NO.529/1992 ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DN.), KUNDAPURA. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL JUDGMENT Learned counsel for the appellant appearing through video conferencing submits that appellant as well as respondent No.1 are died long back and the appeal is abated by operation of law. Submission is placed on record. Appeal is dismissed as abated. - 3 - HC-KAR NC: 2025:KHC:25864 RSA No. 735 of 2016 In view of the dismissal of appeal, I.A.No.1/2016 does not survive for consideration and accordingly, disposed of. Sd/- (ASHOK S.KINAGI) JUDGE BVK List No.: 1 Sl No.: 28