- 1 - HC-KAR NC: 2025:KHC:27735 RSA No. 2202 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO.2202 OF 2016 (MON) BETWEEN: SMT. PRAMILA W/O M. THYAGARAJU AGED ABOUT 55 YEARS, R/AT NO.205, III CROSS, RAILWAY BADAVANE, HEBBAL MAIN ROAD, MYSURU-570 001. DULY REPRESENTED BY HER P.A HOLDER M. THYAGARAJU S/O LATE MASILAMANI, AGED ABOUT 61 YEARS, R/AT D.NO.205, 3RD CROSS, RAILWAY LAYOUT MAIN ROAD, VIJAYANAGAR 2ND STAGE, MYSORE - 16. …APPELLANT (BY SRI. N. S. BHAT, ADVOCATE) AND: SRI. SRINIVASAMURTHY N.K. S/O LATE N KRISHNAPPA, AGED ABOUT 84 YEARS R/AT KANAKAMBARI ROAD, HEBBAL II STAGE, MYSURU-570 001. …RESPONDENT Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27735 RSA No. 2202 of 2016 THIS RSA IS FILED UNDER SEC.100 OF THE CPC., AGAINST THE JUDGMENT AND DECREE DATED 28.10.2016 PASSED IN RA.NO.104/2016 ON THE FILE OF THE II ADDL. DISTRICT JUDGE, MYSURU, IN DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 11.08.2015 PASSED IN OS. NO.696/2011 ON THE FILE OF THE II ADDL. FIRST CIVIL JUDGE MYSORE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI JUDGMENT Learned counsel for the appellant, on instructions, submits that the sole respondent passed away in January, 2023. He submits that as the appellant did not file necessary application to bring the legal representatives of deceased - respondent, the appeal is abated by operation of law and he prays to dismiss the appeal as abated. 2. Submission is placed on record. 3. As the sole respondent passed away in January, 2023 and the appellant has not filed necessary application to - 3 - HC-KAR NC: 2025:KHC:27735 RSA No. 2202 of 2016 bring the legal representatives of deceased - respondent within time, the appeal is abated. 4. Accordingly, the appeal is dismissed as abated. 5. In view of dismissal of the appeal, I.A.No.1/2016 does not survive for consideration and the same stands disposed of. Sd/- (ASHOK S.KINAGI) JUDGE PMR List No.: 1 Sl No.: 55