- 1 - HC-KAR NC: 2025:KHC:36435 RSA No. 694 of 2012 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR REGULAR SECOND APPEAL NO. 694 OF 2012 (RES) BETWEEN: H.T. SWAMYGOWDA, S/O LATE THIMMEGOWDA, AGED ABOUT 62 YEARS, R/O NO.546, S.J.PARK ROAD, K.R. PURAM, HASSAN - 573 201. …APPELLANT (BY SRI SHARATH S. GOWDA, ADVOCATE) AND: 1. M/S MANJUNATHA ESTATES, MUTTIGE VILLAGE, AGE MAJOR K. HOSKOTE HOBLI, ALUR TALUK HASSAN - 573 201. 2. H.T. ANNAJI, S/O LATE THIMMEGOWDA, AGED MAJOR, R/AT SREE DURGA NILAYA, K.R.PURAM, HASSAN - 573 201. 3. SHYLA ANNAJI B.J., W/O ANNAJI, AGED MAJOR, R/AT SREE DURGA NILAYA, K.R.PURAM, HASSAN - 573 201. 4. GIRIJA RAO, W/O ANNAJI, AGED MAJOR, R/A MANJUNATHA TRANSPORT, RAVINDRA NAGARA, HASSAN - 573 201. Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36435 RSA No. 694 of 2012 5. H.T. JAYARAM, S/O LATE THIMMEGOWDA, AGED MAJOR, R/O NO.546, S.J.PARK ROAD, K.R. PURAM, HASSAN - 573 201. 6. H.T. VENKATESH, S/O LATE THIMMEGOWDA, AGED MAJOR, BOMBELAKU, 1ST MAIN, HEMAVATHINAGARA, HASSAN - 573 201. 7. H.A. KIREET, S/O H.T. ANNAJI, AGED ABOUT 38 YEARS, R/A SREE DURGA NILAYA, K.R. PURAM, HASSAN - 573 201. 8. H.A. KIRAN, S/O H.T. ANNAJI, AGED ABOUT 36 YEARS, R/AT SREE DURGA NILAYA, K.R. PURAM, HASSAN - 573 201. …RESPONDENTS (BY SRI K.V. NARASIMHAN, ADVOCATE FOR C/R2; SRI SRIHARI A.V., ADVOCATE FOR R5 AND R6; VIDE ORDER DATED 14.03.2013, SERVICE OF NOTICE TO R1 IS HELD SUFFICIENT; R3, R4, R7, R8 SERVED) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 10.10.2011 PASSED IN R.A.NO.45/2008 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE AT HASSAN AND JUDGMENT AND DECREE DATED 21.02.2008 PASSED IN O.S.NO.55/2000 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (SR.DN), HASSAN. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:36435 RSA No. 694 of 2012 CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT Learned counsel for appellant and learned counsel for respondents are present. 2. Learned counsel for respondent No.2 has filed a memo dated 01.09.2025 reporting the death of the sole appellant, who died on 07.10.2024. 3. Till date, no steps are taken to bring the legal representatives of the deceased sole appellant on record. Hence, by operation of law, the appeal abates. Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 9 CT: BHK