- 1 - HC-KAR NC: 2025:KHC:25466 RFA No. 1672 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 1672 OF 2018 (SP) BETWEEN: C.MOHAMMED ATEEQULLA S/O LATE M.KHUDRATHULLA, AGED ABOUT 68 YEARS, RESIDING AT NO 5/1, 7TH CROSS ROAD, KEMPAIAH BLOCK, MUBARAK MOHALLA, J.C.NAGAR, BENGALURU-560 051. …APPELLANT (BY SRI. K.N.PRAVEEN KUMAR., ADVOCATE [ABSENT]) AND: 1. ADIL HAJI BILAL JUMMA S/O JANAB HAJI BILAL JUMMA, AGED ABOUT 47 YEARS, RESIDING AT NO 84, SULTANJI GUNTA ROAD, BENGALURU-560 001. 2. ABDULLA SHARIEFF S/O LATE FAZLULLA SHARIEFF, AGED ABOUT 63 YEARS, RESIDING AT NO.84, SULTANJI GUNTA ROAD, BENGALURU-560 001. …RESPONDENTS (BY SRI. AKASH.S., ADVOCATE FOR SRI. SYED PEER ULLA SHA KHADRI., ADVOCATE FOR R1; SRI. MOHAMMED TIPPU SULTAN., ADVOCATE FOR R2) Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25466 RFA No. 1672 of 2018 THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF THE CODE OF CIVIL PROCEDURE. THIS REGULAR FIRST APPEAL IS LISTED FOR FINAL HEARING, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER When the case is called, the appellant is not represented. When the case is listed and called out, the advocate must be present. The absence may affect the case. Sri.Akash.S., counsel on behalf of Sri.Syed Peer Ulla Sha Khadri., for respondent No.1 has appeared in person. As could be seen from the daily order sheet, the appeal was listed on 08.07.2025, on that day, there was no representation on behalf of the appellant. Hence, for appearance of counsel for the appellant, the appeal was ordered to be listed on 11.07.2025. It was also ordered that if none appears for the appellant on the next date of hearing, the appeal will be dismissed for non-prosecution. The appeal is listed today. As already noted above, when the case is called, today also there is no representation on behalf of the appellant. In view of earlier peremptory order, the appeal is dismissed for non-prosecution. - 3 - HC-KAR NC: 2025:KHC:25466 RFA No. 1672 of 2018 Because of dismissal of the appeal, interim order granted if any stands discharged and pending interlocutory applications if any are disposed of. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 1 Sl No.: 32