- 1 - HC-KAR CNR: KAHC010332192010 NC: 2026:KHC:39758 RSA No. 760 of 2010 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO. 760 OF 2010 (RES) BETWEEN: 1. SRI. V.K. NAYAK S/O LATE KAMALAKSHA NAYAK AGED ABOUT 61 YEARS 2. SMT. SHANTHI NAYAK W/O MR. S.V. NAYAK AGED ABOUT 59 YEARS BOTH ARE R/AT NO.C3, II FLOOR SHRI SHANTHERI APARTMENTS MANNAGUDDA MANGALORE-575 003. …APPELLANTS (BY SRI. SHYAM KOUNDINYA A.S., ADVOCATE) AND: 1. SHANTHERI APARTMENTS OWNERS ASSOCIATION HAVING ITS OFFICE AT SHANTERI APARTMENTS 8TH CROSS ROAD, GANDHINAGAR, MANGALORE REPRESENTED BY ITS SECRETARY. 2. MR. E.B.J. PINTO, S/O LATE A.J. PINTO AGED ABOUT 77 YEARS Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010332192010 NC: 2026:KHC:39758 RSA No. 760 of 2010 CASA MIYA, 3RD MATADAKANI CROSS ROAD MANGALORE-575 006. 3(a) MRS. VASANTHI KAMATH AGED ABOUT 43 YEARS 3(b) NAGENDRA KAMATH AGED ABOUT 40 YEARS 3(c) H. GOPALAKRISHNA KAMATH AGED ABOUT 39 YEARS 3(d) MRS. MAYA SHENOY AGED ABOUT 37 YEARS RESPONDENTS 3(a) TO (d) AS LEGAL REPRESENTATIVES OF DECEASED ORIGINAL 3RD DEFENDANT K.N.KAMATH, WHO DIED DURING PENDENCY OF THE SUIT IN THE LOWER COURT. RESPONDENTS 3(a) TO (d) RESIDING AT NO.C3, II FLOOR SHRI SHANTHERI APARTMENTS MANNAGUDDA MANGALORE-575003. …RESPONDENTS (BY SRI. K.N.MAHABALESHWARA, ADVOCATE FOR R3(b); R1 AND R2 ARE SERVED; NOTICE TO R3(a, c & d) IS HELD SUFFICIENT, VIDE ORDER DATED 25.10.2013) THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 16.02.2010 PASSED IN R.A.NO.118/2008 ON THE FILE OF THE I ADDL. DISTRICT JUDGE, D.K., MANGALORE, ALLOWING THE APPEAL AND SETTING ASIDE JUDGMENT AND DECREE DATED 30.08.2008 PASSED IN O.S.NO.153/2003 ON THE FILE OF THE II ADDL. CIVIL JUDGE (SR. DN.), MANGALORE, D.K. - 3 - HC-KAR CNR: KAHC010332192010 NC: 2026:KHC:39758 RSA No. 760 of 2010 THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT Learned counsel for the appellants files memo stating that he has received an e-mail from the company, wherein the appellants are the Directors and both of them have expired six years back and company has been sold and no further information is available. 2. Hence, learned counsel for the appellants submits that appeal may be dismissed as having abated for want of instructions. 3. In view of the memo, appeal is dismissed as abated. Sd/- (H.P.SANDESH) JUDGE ST List No.: 1 Sl No.: 9