- 1 - HC-KAR NC: 2026:KHC:8940 RSA No. 2439 of 2011 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD REGULAR SECOND APPEAL NO. 2439 OF 2011 (PAR) BETWEEN: SMT RUDRAMMA W/O. THIPPESWAMY AGED ABOUT 36 YEARS R/O. NITTUR VILLAGE HARIHAR TALUK DAVANAGERE DISTRICT-577608 …APPELLANT (BY SRI. V B SIDDARAMAIAH., ADVOCATE) AND: SRI MURUGENDRAIAH S/O. LATE REVAIAH AGED ABOUT 31 YEARS R/O BANNIKODU VILLAGE HONNALI TALUK DAVANAGERE DISTRICT-577594 …RESPONDENT (BY SRI D C PARAMESHWARAIAH, ADVOCATE) THIS RSA IS FILED UNDER ORDER XLII RULE 1 R/W SECTION 100 OF CPC., AGAINST THE JUDGEMENT AND DECREE DATED 30.7.2011 PASSED IN R.A.NO.8/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE, HARIHAR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED 25.2.2010 PASSED IN O.S.NO.77/2005 ON THE FILE OF THE CIVIL JUDGE (JR.DN) & JMFC., HONNALI. TRIAL COURT DISMISSED THE SUIT, APPELLATE COURT DISMISSED THE APPEAL. THE SUIT IS FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by MALATHI CHALUVA IYENGAR Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8940 RSA No. 2439 of 2011 CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL JUDGMENT 1. Learned counsel for the appellant has filed a memo dated 29.01.2026 stating that the sole appellant has died on 29.09.2023 and the legal representatives of the deceased appellant have not come forward to prosecute the appeal. Hence, he has sought dismissal of the appeal as abated. 2. Memo is taken on record. 3. Accordingly, the above appeal is dismissed as abated. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 6