- 1 - HC-KAR NC: 2026:KHC:33374 RFA No. 1737 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR REGULAR FIRST APPEAL No. 1737 OF 2020 (PAR/POS) BETWEEN: 1. SRI.GURUSWAMY S/O LATE K NANJAIAH AGED ABOUT 71 YEARS R/AT No.F-22, 8TH CROSS HARIJANA COLONY SRIRAMPURA BENGALURU - 560 021. …APPELLANT (BY SRI. VASANTHAPPA AND SRI GANAATHY C, ADVOCATES) AND: 1. SRI.N.VASANTHA KUMAR S/O LATE K NANJAIAH AGED ABOUT 50 YEARS R/AT No. P-2/4, 8TH CROSS HARIJANA COLONY SRIRAMPURA BENGALURU – 560 021. 2. SMT. N BHAGYALAKSHMI W/O R NANJUDASWAMY AGED ABOUT 52 YEARS R/AT No. P-2/11, 1ST FLOOR 8TH CROSS, HARIJANA COLONY SRIRAMPURA BENGALURU – 560 021. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33374 RFA No. 1737 of 2020 3. SMT. N PARVATHI W/O ESWARAPPA AGED ABOUT 51 YEARS R/AT No. P-3, 8TH CROSS HARIJANA COLONY SRIRAMPURA BENGALURU – 560 021. 4. SMT. RATHNA MALA W/O ARUNGIRI (GANDHI VIDYA SHALU SCHOOL P T MASTER) AGED ABOUT 48 YEARS R/AT No. P-3, 8TH CROSS HARIJANA COLONY SRIRAMPURA BENGALURU – 560 021. …RESPONDENTS (BY SRI. SUNDARESHA D.R, ADVOCATE FOR R1-R4) THIS RFA IS FILED UNDER SECTION 96 R/W. XLI RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 13.01.2020 PASSED IN OS No.9339/2001 ON THE FILE OF THE LXII ADDL.CITY CIVIL AND SESSIONS JUDGE (CCH-63) BENGALURU CITY DISMISSING THE SUIT FOR PARTITION AND SEPARATE POSSESSION AND ALSO FOR MENSE PROFIT. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT 1. Court notice issued to appellant returned with shara `appellant dead’. Copy of death certificate has also been enclosed with the report which indicate that date of death of sole appellant is 28.02.2022. In view of death of - 3 - HC-KAR NC: 2026:KHC:33374 RFA No. 1737 of 2020 sole appellant the appeal abates. Hence, appeal is dismissed as abated. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 2 Sl No.: 5 Ct.sm