- 1 - HC-KAR NC: 2026:KHC:12301 RSA No. 2165 of 2008 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD REGULAR SECOND APPEAL NO. 2165 OF 2008 BETWEEN: SRI DEYANDA SUBBAIAH AGED ABOUT 44 YEARS S/O LATE KARUMBAIAH BALLIAMANDOOR VILLAGE & POST SOUTH KODAGU-571 218. …APPELLANT (BY SRI UDAY KUMAR, ADVOCATE FOR SRI. S R SREE PRASAD., ADVOCATE) AND: 1. DEYANDA MEDAPPA S/O LATE THAMMAIAH MAJOR 2. MR. DEYANDA ACHAIAH S/O LATE BIDDAPPA MAJOR 3. MR. DEYANDA THIMMAIAH S/O LATE KARUMBAIAH MAJOR 4. DEYANDA PONNAPPA S/O LATE KARUMBAIAH MAJOR ALL ARE R/OF BALLIAMANDOOR VILLAGE & POST SRIMANGALA NAD, SOUTH KODAGU-571 218. 5. MADIVALARA NARAYANA SHETTY AGED 40 YEARS Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12301 RSA No. 2165 of 2008 S/O LATE CHINNA SHETTY PRESIDENT BETTERMENT COMMITTEE GOVT. LOWER PRIMARY SCHOOL BALLIAMANDOOR VILLAGE & POST SOUTH KODAGU 6. ASSISTANT EDUCATION OFFICER VIRAJPET TALUK SOUTH KODAGU-571 218. 7. DEPUTY DIRECTOR OF PUBLIC INSTRUCTION MADIKERI, SOUTH KODAGU-571 218. 8. THE SECRETARY TO THE EDUCATION DEPARTMENT GOVERNMENT OF KARNATAKA BANGALORE-560 001. 9. TEH BLOCK EDUCATION OFFICER VIRAJPET TALUK,SOUTH KODAGU-571 218. 10. DEYANDA CHENGAPPA AGED ABOUT 38 YEARS S/O LATE KARUMBAIAH BALLIAMANDOOR VILLAGE & POST SRIMANGALA NAD SOUTH KODAGU-571 218 …RESPONDENTS (BY SRI.SPOORTHY HEGDE N, HCGP FOR R7: R3 TO R6, R8 TO R10 ARE SERVED APPEAL DISMISSED AS ABATED AGAINST R1 & R2 V/O DATED: 03.01.2023) THIS RSA IS FILED UNDER SECTION 100 OF CPC TO ALLOW THE ABOVE APPEAL BY SETTING ASIDE THE JUDGMENT & DECREE PASSED IN OS NO 83/1997 DATED: 18.03.2002 PASSED BY THE PRL. CIVIL JUDGE, JUNIOR DIVISION VIRAJPET AND THE JUDGMENT AND DECREE DATED: 03.07.2008 PASSED BY THE ADHOC DISTRICT JUDGE, FAST TRACK COURT, VIRAJPET IN RA.NO.8/2002 BY DECREEING THE SUIT. - 3 - HC-KAR NC: 2026:KHC:12301 RSA No. 2165 of 2008 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL JUDGMENT 1. Learned HCGP has filed a memo on 22.11.2019 reporting the death of the sole appellant. 2. The memo is taken on record. 3. Learned counsel appearing for the appellant submits that, in spite of his best efforts, he could not get instructions regarding the legal representatives of the deceased appellant. Therefore, he is unable to take steps in respect of the deceased appellant. 4. The submission of the learned counsel for the appellant is taken on record. 5. It appears that the appellant is not interested in prosecuting the appeal. Hence, the appeal is dismissed for non-prosecution. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 15