- 1 - HC-KAR NC: 2026:KHC:33881 RSA No. 403 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 403 OF 2017 (INJ) BETWEEN: SMT. AKKAYAMMA W/O LATE VENKATAPPA AGED ABOUT 57 YEARS, R/AT HONNAPPANAHALLY VILLAGE, MANCHENAHALLY HOBLI, GOWRIBIDANURU TALUK - 561 211. …APPELLANT (BY SRI. M.M. LOKESH, ADVOCATE FOR SRI. SHIVAKUMAR V, ADVOCATE) AND: SRI. H.M. GANGADHARAIAH S/O MUNISHAMAPPA AGED ABOUT 65 YEARS, R/AT HONNAPPANAHALLY MANCHENAHALLY HOBLI GOWRIBIDANURU TALUK - 561 211 …RESPONDENT (BY SRI. SHIVAKUMAR V, ADVOCATE) THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DTD 07.10.2016 PASSED IN R.A.NO.11/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC, GOWRIBIDANUR, ALLOWING THE APPEAL AND SETTING Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33881 RSA No. 403 of 2017 ASIDE THE JUDGEMENT AND DECREE DTD17.12.2015 PASSED IN OS.NO.436/2008 ON THE FILE OF THE ADDL. CIVIL JUDGE & JMFC., GAURIBIDANUR. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Sole respondent who was the defendant in O.S.No.436/2008 is no more. As such, cause which arose at the time of filing the suit came to an end. If there is any fresh cause of action, plaintiff can always file a fresh suit against the legal representatives of the deceased defendant. With that liberty for the plaintiff, appeal stands dismissed as abated. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 8