- 1 - HC-KAR NC: 2026:KHC:33947-DB RFA No. 23 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF REGULAR FIRST APPEAL NO. 23 OF 2015 (DEC) BETWEEN: MR. B.S. PANDURANGAIAH SETTY, S/O LATE SRINIVAS SETTY, AGED ABOUT 82 YEARS, RESIDING AT NO.13, KANAKAPURA MAIN ROAD, VIVEKANANDA COLONY, BENGALURU - 560 078. …APPELLANT (BY SRI. RAJAGOPALA NAIDU, ADVOCATE) AND: MR. H.S. SURESH, S/O LATE N. SHIVANNA, AGED ABOUT 50 YEARS, RESIDING AT NO.505, 34TH CROSS, 3RD BLOCK, RAJAJINAGAR, BENGALURU - 560 010. …RESPONDENT (BY SRI. H.M. SOMASHEKARAIAH, ADVOCATE FOR C/RESPONDENT) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:33947-DB RFA No. 23 of 2015 THIS RFA IS FILED UNDER ORDER 41 RULE 1 R/W SEC 96 OF CPC, AGAINST THE JUDGEMENT AND DECREE DATED:17.10.2014 PASSED IN O.S.3820/2002 ON THE FILE OF XXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING THE SUIT FOR DECLARATION AND POSSESSION, AND DECREEING THE COUNTER-CLAIM OF THE DEFENDANT THEREIN. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) In view of the fact that despite a memo having been filed by the learned counsel for the respondent on 11.11.2025, bringing to the notice of the Court and the counsel for the appellant that, the sole respondent had died on 16.06.2025, no application for substitution of legal heirs of the deceased sole respondent has been filed till - 3 - HC-KAR NC: 2026:KHC:33947-DB RFA No. 23 of 2015 today. The appeal is abated and therefore, it should be consigned to the record. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE TKN List No.: 2 Sl No.: 6 ct-vn