- 1 - HC-KAR NC: 2025:KHC:46202 RSA No. 2706 of 2011 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA REGULAR SECOND APPEAL NO. 2706 OF 2011 (DEC/INJ) BETWEEN: THIMMAIAH, S/O LATE DASAPPA @ DASA BOVI, AGED ABOUT 80 YEARS, AGRICULTURIST, R/O BOMMENAHALLI VILLAGE, BARANDURU POST, BHADRAVATHI TALUK, SHIMOGA DISTRICT - 577 217. …APPELLANT (BY SRI. G C SHANMUKHA., ADVOCATE) AND: 1. SIDDALINGAIAH, S/O LATE DASAPPA @ DASA BOVI, SINCE DECEASED BY HIS LRS A KANNAMMA W/O LATE SIDDALINGAIAH, AGED ABOUT 65 YEARS, R/O BOMMENAHALLI VILLAGE, BARANDURU POST, BHADRAVATHI TALUK, SHIMOGA DISTRICT. B VENKATESH, S/O LATE SIDDALINGAIAH, AGED ABOUT 57 YEARS, Digitally signed by ANNAPURNA G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46202 RSA No. 2706 of 2011 R/O KALABORANAHALLI, TURUVEKERE TALUK, TUMKUR DISTRICT. C MALLIGA, W/O LATE MUDALAIAH, AGED ABOUT 45 YEARS R/O KAREHALLI, BARANDURU POST, BHADRAVATHI TALUK, SHIMOGA DISTRICT. D RADHAKRISHNA , S/O LATE SIDDLINGAIAH, AGED ABOUT 40 YEARS, R/O BOMMENAHALLI VILLAGE, BARANDURU POST, BHADRAVATHI TALUK, SHIMOGA DISTRICT. …RESPONDENTS (BY SRI. MALLIKARJUN C BASAREDDY., ADV FOR R1 (A, C AND D); R1 (B) SERVED AND UNREPRESENTED) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 9.9.2011 PASSED IN R.A.NO.380/2009 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT, BHADRAVATHI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 5.9.2009 PASSED IN O.S.NO.83/1998 ON THE FILE OF THE CIVIL JUDGE (SR.DN) & JMFC., BHADRAVATHI. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:46202 RSA No. 2706 of 2011 CORAM: HON'BLE MR. JUSTICE UMESH M ADIGA ORAL JUDGMENT Learned counsel for the respondents has filed a memo on 25.11.2024 along with death certificate of appellant- Thimmaiah. In spite of service of notice on the learned counsel for the appellant, no steps have been taken to bring the legal representatives of deceased - sole appellant on record. Therefore, the appeal stands abated. Sd/- (UMESH M ADIGA) JUDGE AMA List No.: 1 Sl No.: 4