- 1 - HC-KAR NC: 2026:KHC:28642 RSA No. 1103 of 2018 C/W RSA.CROB No. 8 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1103 OF 2018 (POS) C/W RSA CROSS OBJECTION NO. 8 OF 2018 IN RSA No. 1103/2018 BETWEEN: SMT. KUSUMA H. HEGDE AGED ABOUT 70 YEARS W/O LATE HARINAKSHA HEGDE R/O: UMBLE PARARI SOODA VILLAGE & POST KARKALA TALUK UDUPI DISTRICT-574116 …APPELLANT (BY SRI. SHOBHITH N.SHETTY, ADVOCATE) AND: B.KRISHNAPPA @ KRISHNAPPA NAIK AGED ABOUT 64 YEARS S/O KOGGAYYA RESIDING AT: MATHRUSHRI JODURASTHE, KUKKUNDOOR POST KARKALA TALUK UDUPI DISTRICT-574104. …RESPONDENT (BY SRI. K.CHANDRANATH ARIGA, ADVOCATE FOR C/R) Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28642 RSA No. 1103 of 2018 C/W RSA.CROB No. 8 of 2018 THIS RSA FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 05.02.2018 PASSED IN R.A.NO.12/2009 ON THE FILE OF SENIOR CIVIL JUDGE AND ACJM, KARKALA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 02.12.2008 PASSED IN O.S.NO.72/2008 ON THE FILE OF PRL. CIVIL JUDGE & JMFC., (JR.DN) KARKALA AND ETC. IN RSA.CROB NO. 8/2018 BETWEEN: MR. B. KRISHNAPPA @ KRISHNAPPA NAIK S/O MR.KOGGAYYA AGED ABOUT 74 YEARS "MATHRUSHRI", JODURASTHE POST KUKKUNDOOR, KARKALA TALUK UDUPI DISTRICT-574104. ...APPELLANT (BY SRI. CHANDRANATH ARIGA K.,ADVOCATE) AND: MRS. KUSUMA H. HEGDE W/O LATE HARINAKSHA HEGDE AGED ABOUT 70 YEARS KUMBLE PARARI POST SOODA VILLAGE KARKALA TALUK UDUPI DISTRICT-576116. ...RESPONDENT THIS RSA CROB IS FILED UNDER ORDER 41 RULE 22 OF CPC., AGAINST THE JUDGEMENT AND DECREE DTD 05.02.2018 PASSED IN R.A.NO.12/2009 ON THE FILE OF SENIOR CIVIL JUDGE AND ACJM., KARKALA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DTD 02.12.2008 PASSED IN O.S.NO.72/2008 ON THE FILE OF PRL.CIVIL JUDGE AND JMFC., (JR.DN.) KARKALA AND ETC. - 3 - HC-KAR NC: 2026:KHC:28642 RSA No. 1103 of 2018 C/W RSA.CROB No. 8 of 2018 THIS APPEAL AND CROSS OBJECTION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT On 11.11.2024, learned Counsel for the appellant has reported to the Court that the sole respondent is no more. Until today no steps are taken to bring the legal representatives of the deceased respondent on record. Accordingly, appeal stands dismissed as abated by operation of law so also the cross-objection. Sd/- (V SRISHANANDA) JUDGE DL List No.: 1 Sl No.: 16