- 1 - HC-KAR NC: 2026:KHC:5098 RSA No. 249 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO. 249 OF 2023 (DEC/INJ) BETWEEN: SRI. N. THULAJAPPA DEAD BY HIS LRS SRI. N. GANESHAPPA DEAD BY HIS LRS., 1. SMT. RATHNA BAI W/O. N. GANESHAPPA, AGED ABOUT 66 YEARS, 2. SRI. N. G. GAJENDRA RAO S/O. N. GANESHAPPA, AGED ABOUT 45 YEARS, 3. SRI. N. G. ESHWARA RAO S/O. N. GANESHAPPA, AGED ABOUT 43 YEARS, SRI. N. G RAVIKUMAR S/O. N. GANESHAPPA, DEAD BY HIS LRS., 4. SMT. PRAMILA T.Y., W/O. N. G. RAVI KUMAR, AGED ABOUT 31 YEARS, 5. CHIRAG N. R. S/O. N.G. RAVIKUMAR, AGED ABOUT 07 YEARS, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5098 RSA No. 249 of 2023 CHIRAG IS THE MINOR UNDER THE CARE AND CUSTODY OF HIS MOTHER PRAMILA T.Y AND PRAMILA IS ALSO REPRESENTING HIS SON AS MINOR GUARDIAN IN THIS CASE ALL ARE RESIDENTS OF K.H.B. NO. 69/B, GOLDEN JUBILEE COLONY, BHADRAVATHI TOWN, SHIVAMOGGA DISTRICT - 577 201. …APPELLANTS (BY SRI. H N BASAVARAJU.,ADVOCATE) AND: SRI. Y. LOKESHAPPA S/O. NINGAPPA @ DODDA NINGAPPA, AGED ABOUT 64 YEARS, AGRICULTURIST, R/O. VITAGONDANAKOPPA VILLAGE, SHIVAMOGGA TALUK - 577 201. …RESPONDENT (BY SRI. P.N. HARISH, ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 16.09.2022 PASSED IN RA.No.119/2019 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, SHIVAMOGGA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 05.08.2019 PASSED IN OS No.344/2012 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, SHIVAMOGGA. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI - 3 - HC-KAR NC: 2026:KHC:5098 RSA No. 249 of 2023 ORAL JUDGMENT Learned counsel for respondent has filed a Memo dated 16.12.2025 reporting death of sole respondent on 08.09.2025. 2. Till date, appellants have not taken steps against deceased respondent. Hence, Appeal is dismissed as abated. Sd/- (RAVI V HOSMANI) JUDGE HNM List No.: 1 Sl No.: 16