- 1 - HC-KAR NC: 2026:KHC:6263 MFA No. 3483 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M MISCELLANEOUS FIRST APPEAL NO.3483 OF 2019 (CPC) BETWEEN: 1. SRI. NAGARAJU S/O KARIYAPPA, AGED ABOUT 45 YEARS, R/AT CHAMARAYANAKOTE VILLAGE, HARNAHALLI HOBLI, PERIYAPATNA TALUK, MYSORE DISTRICT-571107 2. SRI JAYAPPA S/O THIMMEGOWDA, AGED ABOUT 60 YEARS, R/AT CHAMARAYANAKOTE VILLAGE, HARNAHALLI HOBLI, PERIYAPATNA TALUK, MYSORE DISTRICT-571107 …APPELLANTS (BY SRI. HARSHAVARDHAN M.B., ADVOCATE FOR SRI. SIDDAMALLAPPA P M., ADVOCATE) AND: SRI. VENKATESHA S/O VENKATAPPA, AGED ABOUT 55 YEARS, R/AT CHAMARAYANAKOTE VILLAGE, HARNAHALLI HOBLI, PERIYAPATNA TALUK, MYSORE DISTRICT-571107 …RESPONDENT Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6263 MFA No. 3483 of 2019 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(r) OF THE CODE OF CIVIL PROCEDURE. THIS MISCELLANEOUS FIRST APPEAL IS LISTED FOR ORDERS, THIS DAY, THE JUDGMENT IS DELIVERED AS UNDER: ORAL JUDGMENT Sri.Harshavardhana.M.B., counsel on behalf of Sri.Siddamallappa.P.M., for the appellants appeared in person and seeks time to do the needful in the matter. This Court is not inclined to grant time. The reason is simple. A perusal of the daily order sheet reflects that the appeal was listed on 08.02.2023 and taking note of the submission made by the appellants counsel, two weeks time was granted to bring the LRs of deceased - respondent. The appeal was again listed on 14.03.2025 and a week's time was granted to do the needful in the matter. Despite the order, the necessary steps are not taken in respect of sole respondent. As the necessary application to bring the LRs of sole respondent is not filed in time, appeal abates by operation of law. SD/- (JYOTI M) JUDGE SS List No.: 1 Sl No.: 5