- 1 - HC-KAR NC: 2026:KHC:25520 RSA No. 1405 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1405 OF 2017 (PAR) BETWEEN: 1. SRI NANJUNDAPPA S/O LATE BASAVAIAH AGED 58 YEARS 2. SRI SHANKARAPPA S/O LATE BASAVAIAH AGED 56 YEARS BOTH ARE RESIDENTS OF DINDIGADAHALLI DODDAGUNI POST, GUBBI TALUK TUMAKURU DISTRICT - 572 216 …APPELLANTS (BY SRI. M.B. CHANDRACHOODA, ADVOCATE) AND: 1. SRI. ESHWARAIAH S/O. LATE MUDDABORAIAH AGED 73 YEARS 2. SRI BYRAVAIAH S/O LATE MUDDABORAIAH AGED 68 YEARS BOTH ARE RESIDENTS OF DINDIGADAHALLI NITTUR HOBLI, DODDAGUNI POST, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:25520 RSA No. 1405 of 2017 GUBBI TQ TUMAKURU DISTRICT - 572 216 …RESPONDENTS (BY SRI. SHIVASHANKAR S.K., ADVOCATE FOR R1 (NOC) (AB)) THIS RSA IS FILED UNDER SEC.100 OF THE CODE OF CIVIL PROCEDURE, AGAINST THE JUDGMENT AND DECREE DATED 11.4.2017 PASSED IN R.A.NO.28/2014 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE AND JMFC, GUBBI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 10.06.2014 PASSED IN OS NO.181/2008 ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC, GUBBI. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT 1. Sri. M.B. Chandrachood would submit that despite best efforts, appellants are not cooperating to take appropriate steps to bring the legal representatives of deceased respondent No.2 on record. 2. Perused the judgment and decree. It is a joint decree. - 3 - HC-KAR NC: 2026:KHC:25520 RSA No. 1405 of 2017 3. Therefore, the abatement unless set-aside as against the respondent No.2, the appeal would not survive for consideration. 4. Placing the submission of Sri. M.B. Chandrachood on record, appeal stands dismissed as abated. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 1