- 1 - HC-KAR NC: 2026:KHC:5794 MFA No. 8322 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M MISCELLANEOUS FIRST APPEAL NO. 8322 OF 2018 (CPC) BETWEEN: R VISHWANATH DIVEDI S/O SRI RAMAKISHORE SHASTRY AGED ABOUT 62 YEARS, R/AT SRI KASHI VISHWANATH VIDYA MANDIR, 3RD CROSS, NO.33, JAYAMAHAL ROAD, J.C. NAGAR, MUNIREDDYPALYAM, BENGALURU-560006. …APPELLANT (BY SRI. PATIL G.S., ADVOCATE) AND: SHRI A S GUPTA S/O LATE S L TALVARIA AGED ABOUT 82 YEARS, R/AT 36, NEW NO.29, 3RD B CROSS, LALBAHADHUR SASTRY NAGAR, B.CHENNASANDRA, WARD NO.83, BENGALURU-560043. …RESPONDENT (BY SRI. C R SUBRAMANYA, ADVOCATE FOR C/R) 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 ADMISSION, THIS DAY, THE JUDGMENT IS DELIVERED AS UNDER: Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5794 MFA No. 8322 of 2018 ORAL JUDGMENT Sri.Patil G.S., counsel for the appellant and Sri.C.R.Subramanya for caveator / respondent appeared in person. 2. Counsel for the appellant submits that the appellant is no more and seeks time to do the needful in the matter. This Court is not inclined to grant the time. The reason is apparent. A perusal of the daily order sheet reflects that the appeal was listed on 20.11.2023, taking note of the submission made on behalf of the appellant's counsel, two weeks time was granted to make necessary application. It is almost two years, the application to do the needful in the matter is not done. By operation of law, the appeal abates. SD/- (JYOTI M) JUDGE SS List No.: 1 Sl No.: 35