- 1 - HC-KAR NC: 2025:KHC:43081 RSA No. 372 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.372 OF 2024 (SP) BETWEEN: 1. SRI. SURESH JOLLERA, S/O LATE YALLAPPA JOLLERA, AGED ABOUT 74 YEARS, OCC: LANDLORD, R/O NEAR ARUNA THEATER, PISALE COMPOUND, P.J.EXTENSION, P.B.ROAD, DAVANAGERE – 577002. …APPELLANT (BY SRI. G.J. SUNKAPUR, ADVOCATE) AND: 1. SRI. BASAPPA, S/O LATE GURUSIDDAPPA, AGED ABOUT 64 YEARS, RETIRED PEON, DOOR NO.7812/32, JOLLERA THOTA, 14TH CROSS, IN FRONT OF BUSNUR PRINTING PRESS, SIDDAVEERAPPA BADAVANE, SHAMANUR ROAD, DAVANAGERE-577004. …RESPONDENT THIS RSA IS FILED UNDER ORDER XLII RULE 2 R/W SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 27.09.2022 PASSED IN R.A.NO.77/2022 ON THE FILE Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43081 RSA No. 372 of 2024 OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DAVANAGERE, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 23.05.2022 PASSED IN O.S.NO.338/2020 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, DAVANAGERE. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT The learned counsel for the appellant submits that inspite of information is given to the legal representatives of the deceased sole appellant to bring them on record, they are not giving any information or instructions to file the application. 2. In the previous occasion on 14.10.2025, this Court made it clear that finally two weeks time is granted to bring the legal representatives of the deceased sole appellant on record or otherwise, the appeal will be dismissed as abated. 3. Hence, the appeal is dismissed as abated. Sd/- (H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 7