- 1 - HC-KAR NC: 2026:KHC:29970 RFA No. 1315 of 2008 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M REGULAR FIRST APPEAL NO. 1315 OF 2008 (INJ) BETWEEN: HIMMATH CHOUDHARY CHELLARAM AGED ABOUT 50 YEARS, PROPRIETOR, AMBICA TRADERS, 18/1, I FLOOR CHINTAL CHAMBERS, D.K.LANE, CHICKPET CROSS, BENGALURU-560053. …APPELLANT (BY SRI. S.SHAKER SHETTY, ADVOCATE AND SRI. ANIL KUMAR SHETTY, ADVOCATE) AND: M.MARIYAPPA, S/O. LATE ANJANAPPA, AGED ABOUT 70 YAERS, R/AT SHETTIAPPA COMPOUND, 80 FEET ROAD, ASWATHNAGAR BENGALURU-560094. …RESPONDENT (BY SMT. OORVI U., ADVOCATE FOR C/R) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF THE CODE OF CIVIL PROCEDURE. THIS REGULAR FIRST APPEAL IS LISTED FOR ORDERS, THIS DAY, THE JUDGMENT IS DELIVERED AS UNDER: Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29970 RFA No. 1315 of 2008 ORAL ORDER Sri.Prashanth, counsel appeared in person and submits that he undertakes to file vakalath on behalf of the appellant. 2. Submission is noted. 3. The appeal is listed today for orders regarding non taking steps in respect of deceased - sole respondent. 4. A perusal of the daily order sheet reflects that the appeal was listed on 09.01.2024. On that day, taking note of the submission made by the counsel for the appellant that the sole respondent / plaintiff is no more, time was granted to do the needful and the matter. It is almost two years, steps are not taken in respect of deceased sole respondent. Hence, by operation of law, the appeal abates. SD/- (JYOTI M) JUDGE SS List No.: 1 Sl No.: 15