- 1 - HC-KAR NC: 2026:KHC:6561 MFA No. 3026 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M MISCELLANEOUS FIRST APPEAL NO.3026 OF 2019 (CPC) BETWEEN: M JAYARAM AGED ABOUT 68 YEARS, S/O LATE BANDUR MUNISWAMAPPA, R/AT. NO.181, 2ND FLOOR, VENKATADRI NIVAS, AKKAMAHADEVI ROAD, AKKIPET, BANGALORE-560 053 …APPELLANT (BY SRI. CHINNAPPA GOWDA, ADVOCATE FOR SRI. B.N.ANANTHANARAYANA, ADVOCATE) AND: 1. M SRINIVASA MURTHY AGED ABOUT 70 YEARS S/O LATE BANDUR MUNISWAMAPPA 2. SMT GIRIJA SRINIVAS AGED ABOUT 55 YEARS W/O M.SRINIVASA MURTHY, RESPONDENTS NO. 1 AND 2 ARE R/AT. NO.181, 1 FLOOR, VENKATADRI NIVAS, AKKAMAHADEVI ROAD, AKKIPET, BANGALORE-560 053 3. NARAYAN PRASAD RATHONE AGED ABOUT 57 YEARS S/O SAHILKARMJI, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6561 MFA No. 3026 of 2019 R/AT. NO.181, 1ST FLOOR, VENKATADRI NIVAS, AKKAMAHADEVI ROAD, AKKIPET, BANGALORE-560 053 4. PRAMOD BALDEV AGED ABOUT 58 YEARS S/O NOT KNOWN TO APPELLANT, PROP. BALAJI PAPER AGENCIES, SULTANPET, BANGALORE-560 053. 5. GOPI KRISHNA PRINTERS REPRESENTED BY ITS PROPRIETRIX, SMT. DHANALAKSHMI, 1 FLOOR,VENKATADRI NIVAS, AKKAMAHADEVI ROAD, AKKIPET, BANGALORE-560 053 6. I. GOVINDARAJU AGED ABOUT 68 YEARS S/O T.V. CHALAMAIAH, NO.102, II STAGE, BINNY LAYOUT, VIJAYANAGAR, BANGALORE -560 040 7. GOVINDAMMA W/O P.M. KRISHNAPPA AGED ABOUT 75 YEARS, NO.42, S.D.M. LANE, SULTANPET CROSS, BANGALORE- 560 053 8. M SARASWATHAMMA W/O P.M. KRISHNAPPA, SINCE DECEASED BY LRS, P.M.KRISHNAPPA, AGED ABOUT 75 YEARS, S/O LATE MUNIYAPPA. - 3 - HC-KAR NC: 2026:KHC:6561 MFA No. 3026 of 2019 9. VEENA AGED ABOUT 50 YEARS, D/O P.M. KRISHNAPPA. RESPONDENTS NO.8 AND 9 ARE R/AT. NO.128, AKKIPET, 3RD CROSS, BANGALORE-560053. 10. M. SAROJAMMA W/O S.N.NARASIMHAMURTHY, AGED ABOUT 59 YEARS, NO.34, CHAMUNDI NAGAR, R.T.NAGAR POST, BANGALORE-560034. 11. M RUKMINI W/O LATE S.T. SRIRAMULU, AGED ABOUT 56 YEARS, R/AT.NO.2, 6TH CROSS, AKKIPET MAIN ROAD, BANGALORE-560053 12. S. PANDURANGA AGED ABOUT 65 YEARS S/O SHIVALINGAIAH, R/AT.NO.328, C.T. BED, T.R.NAGAR, BANGALORE-560 028 …RESPONDENTS (BY SRI. T.S.VENKATESH, ADVOCATE FOR R4; SRI. H.R.LAKSHMANA REDDY, ADVOCATE FOR R8 AND R9; SRI. S.GANGADHARA AITHAL, ADVOCATE FOR R1 AND R2; R6 AND R5 ARE SERVED AND UNREPRESENTED; VIDE ORDER DATED 09.02.2023, NOTICE TO R11 AND R12 HELD SUFFICIENT; VIDE ORDER DATED 21.11.2023, NOTICE TO R3 AND R7 HELD SUFFICIENT) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(r) READ WITH SECTION 104(1) OF THE CODE OF CIVIL PROCEDURE. - 4 - HC-KAR NC: 2026:KHC:6561 MFA No. 3026 of 2019 THIS MISCELLANEOUS FIRST APPEAL IS LISTED FOR ORDERS, THIS DAY, THE JUDGMENT IS DELIVERED AS UNDER: ORAL JUDGMENT Sri.Chinnappa Gowda, counsel on behalf of Sri.B.N.Ananthanarayana for appellant appeared in person and submits that the sole appellant died three years back and he has no instructions from the appellant to do the needful in the matter. Counsel, therefore, submits that an appropriate order may be passed. 2. Submission about the death of the appellant is placed on record. 3. The application to bring the legal representatives of the sole appellant is not filed in time. Hence, by operation of law, the appeal abates. SD/- (JYOTI M) JUDGE SS List No.: 1 Sl No.: 9