- 1 - HC-KAR NC: 2026:KHC:5102 RSA No. 264 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 264 OF 2017 BETWEEN: SRI NAGARAJA S/O NARAYANAPPA AGED 48 YEARS, R/AT MADHAMANGALA VILLAGE SULIKUNTE POST BANGARPET TALUK KOLAR-563114 …APPELLANT (BY SRI. SHARATH S GOWDA., ADVOCATE) AND: SMT LAKSHAMMA W/O MUNIVENKATAPPA AGED 53 YEARS R/AT MADHAMANGALA VILLAGE SULIKUNTE POST BANGARPET TALUK KOLAR-563114 …RESPONDENT (BY SRI. S. JAGAN BABU, ADVOCATE) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5102 RSA No. 264 of 2017 THIS RSA IS FILED UNDER SEC. 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 28.09.2016 PASSED IN RA NO.39/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE & PRL. JMFC., KGF., DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 30.11.2015 PASSED IN OS NO.223/2012 ON THE FILE OF THE PRL. CIVIL JUDGE & JMFC, AT BANGARPET. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL JUDGMENT On 31.01.2023, learned counsel for the respondent has filed a memo reporting the death of the appellant and has produced a copy of the death certificate; learned counsel for the appellant sought time to bring the legal heirs of the appellant on record. 2. In spite of granting sufficient time, the legal representatives of the appellant have not filed the necessary application(s) to come on record. Hence, the appeal is abated by operation of law. - 3 - HC-KAR NC: 2026:KHC:5102 RSA No. 264 of 2017 3. Accordingly, the appeal is dismissed as abated. 4. In view of dismissal of the appeal, pending IA(s), if any, shall stand disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE PA CT:KHV List No.: 2 Sl No.: 5