- 1 - HC-KAR NC: 2025:KHC:53373 RFA No. 735 of 2010 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR FIRST APPEAL NO. 735 OF 2010 (MON) BETWEEN: 1. M/S. NEW JETENDRA TRADERS M.G.ROAD, CHIKMAGALUR REP: BY ITS PROPRIETOR SRI. N.A SAMPATH KUMAR 2. SRI. N.A SAMPATH KUMAR S/O SRI. ANANDA RAM SHETTY AGED ABOUT 64 YEARS, PROPRIETOR M/S. NEW JETENDRA TRADERS M.G.ROAD, CHICKMAGALUR - 577 101. …APPELLANTS (BY SRI. YASHWANTH NETHAJI N.T, ADVOCATE FOR SRI. K.V. NARASIMHAN, ADVOCATE) AND: N.V. ANANDA KUMAR S/O N.A. VASANTHKUMAR AGED ABOUT 38 YEARS PROPRIETOR, M/S. SHARATH AGARBATHI CO., NO. 309, IST MAIN, 7TH CROSS, HOSAHALLI, VIJAYANAGAR, BANGALORE - 560 040. …RESPONDENT (BY SRI. S.V. LAKSHMINARAYANA, ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:53373 RFA No. 735 of 2010 THIS RFA IS FILED U/S 96 OF CPC, AGAINST THE ORDER DATED 02.03.2009 PASSED IN OS.NO.4752/2002 ON THE FILE OF THE XXXI ADDL. CITY CIVIL JUDGE, BANGALORE CITY, DECREEING THE SUIT FOR RECOVERY OF MONEY. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER As per the memo and the postal shara filed by learned counsel for the appellants, appellant No.2 said to have died on 24.01.2024. Till today, no steps are taken for bringing the legal representatives of deceased appellant No.2 on record. Accordingly, appeal insofar as appellant No.2 is dismissed as abated. Appellant No.1 is proprietary concern, represented by appellant No.2. As such, whole appeal stands dismissed as abated by operation of law. Hence, appeal stands dismissed as abated. - 3 - HC-KAR NC: 2025:KHC:53373 RFA No. 735 of 2010 Amount in deposit is ordered to be withdrawn by the respondent subject to the final result of the appeal, if abatement is set aside. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 18