- 1 - HC-KAR NC: 2026:KHC:3932 RSA No. 2198 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 2198 OF 2016 (DEC/INJ) BETWEEN: SMT. ANASUYAMMA W/O LATE GOPALA LALIYA @ GOPAL NAIK, AGED ABOUT 46 YEARS, OCCUPATION: HOUSE WIFE, RESIDING AT HOSADURGA ROAD, HOSADURGA TALUK CHITRADURGA DISTRICT-577527 …APPELLANT (BY SRI. ANJANEYA A B., ADVOCATE) AND: 1. THE DIVISIONAL PLERSONAL OFFICER MYSORE DIVISION, DIVISIONAL OFFICE, SOUTH WESTERN RAILWAY, MYSORE-570021 2. SAROJA BAI D/O RAMA NAIK, AGED ABOUT 30 YEARS, C/O SHANKARA NAIK, YEREHALLI AND POST, KADUR TALUK CHIKKAMAGALORE DISTRICT-577548 Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3932 RSA No. 2198 of 2016 3. MANJUNATHA S/O GOPALA LALIYA @ GOPALA NAIK, AGED ABOUT 31 YEARS, YEREHALLI AND POST, KADUR TALUK CHIKKAMAGALORE DISTRICT-577548 4. GEETHA BAI D/O GOPALA LALIYA @ GOPALA NAIK, W/O PRAKASH NAIK AGED ABOUT 28 YEARS, OCCUPATION: HOUSE WIFE HARIYAPURA VILLAGE ARASIKERE TALUK HASSAN DISTRICT-573103 …RESPONDENTS [BY SRI. KAVITHA H.C., ADVOCATE FOR R1 (MOA FILED) SRI. S.V. DESAI, ADVOCATE FOR R1 SRI. K.R. LINGARAJU, ADVOCATE FOR R2 TO R4 (NOC GIVEN IN R/O R2 ONLY) SRI. N VAGEESH, ADVOCATE FOR R2( NOC VK FILED)] THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 19.12.2014 PASSED IN RA 64/2013 ON THE FILE OF THE ITINERARY SENIOR CIVIL JUDGE,M HOSADURGA. DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 5.07.2013 PASSED IN OS NO.270/2011 ON THE FILE OF THE ADDL. CIVIL JUDGE AND JMFC, HOSADURGA. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ***** CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI - 3 - HC-KAR NC: 2026:KHC:3932 RSA No. 2198 of 2016 ORAL JUDGMENT 1. Learned counsel for respondent No.2 has reported the death of sole appellant on 22.05.2025. 2. Despite reporting the death of sole appellant, the necessary applications have not been filed. Hence, the appeal is abated by operation of law. 3. Accordingly, the appeal is dismissed as abated. 4. In view of the dismissal of the appeal, pending interlocutory applications do not arise of consideration and are accordingly disposed of. Sd/- (ASHOK S.KINAGI) JUDGE RK CT:KHV List No.: 1 Sl No.: 17