- 1 - HC-KAR NC: 2025:KHC:21922 RFA No. 258 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 258 OF 2016 (MON) BETWEEN: 1. 1(a) ABDUL HAMMED @ PYARE JAN S/O LATE ABDUL SATTAR, AGED ABOUT 70 YEARS, R/A NO.11, RISALDAR STREET, SHESHADRIPURAM, BANGALORE-560 020. SINCE DEAD BY LR'S AMENDMENT AS PER COURT ORDER DATED:27.06.2024. ZAREENA TAJ, W/O LATE ABDUL HAMEED, AGED ABOUT 64 YEARS, 1(b) ABDUL MAJID S/O LATE ABDUL HAMEED, AGED ABOUT 48 YEARS, 1(c) ABDUL SAJID S/O LATE ABDUL HAMEED, AGED ABOUT 47 YEARS, 1(d) ABDUL SHAID, S/O LATE ABDUL HAMEED, AGED ABOUT 45 YEARS, ALL ARE RESIDENTS OF NO.11, RISALDAR STREET, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21922 RFA No. 258 of 2016 SHESHADRIPURAM, BENGALURU-560 020. …APPELLANTS (BY SMT. SHRUTHI.S.P., ADVOCATE [ABSENT]) AND: 1. SURYA PRAKASH 247, IX MAIN, 1 BLOCK KALYAN NAGAR, BANGALORE-560 043. KARTHA OF HUF & (SINCE DEAD BY HIS LR'S) ALSO AT AIR LINKS INTERNATIONAL 214, CONNECTION POINT, II FLOOR, AIRPORT EAST ROAD, BANGALORE-560 017. & ALSO AT AIR LINKS INTERNATIONAL 213, CONNECTION POINT, II FLOOR, AIRPORT EAST ROAD, BANGALORE-560 017. 1(A) SMT. CHETHANSURYA PRAKASH W/O LATE H.SURYA, AGED ABOUT 56 YEARS, 1(B) SMT. SUCHETHA.R. D/O LATE SURYA PRAKASH, AGED ABOUT 38 YEARS, 1(C) SMT. SUMITHA.R SURYAPRAKASH D/O LATE SURYA PRAKASH AGED ABOUT 36 YEARS, - 3 - HC-KAR NC: 2025:KHC:21922 RFA No. 258 of 2016 ALL ARE RESIDING AT 247, IX MAIN, 1 BLOCK, KALYAN NAGAR, BANGALORE-560 043. KARTHA OF HUF ALSO AT AIR LINKS INTERNATIONAL 214, CONNECTION POINT, II FLOOR, AIRPORT EAST ROAD, BANGALORE-560 017. & ALSO AT AIR LINKS INTERNATIONAL 213, CONNECTION POINT, II FLOOR, AIRPORT EAST ROAD, BANGALORE-560 017. …RESPONDENTS (BY SMT. VIMALA., ADVOCATE FOR SRI. SURESH.K., ADVOCATE FOR R1(A TO C)) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF THE CPC, 1908. THIS REGULAR FIRST APPEAL IS LISTED FOR DISMISSAL, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER When the case is called, the appellants are not represented. When the case is listed and called out, the advocate must be present. The absence may affect the case. As could be seen from the daily order sheet, the appeal was listed on 19.06.2025, on that day, though matter called - 4 - HC-KAR NC: 2025:KHC:21922 RFA No. 258 of 2016 twice, there was no representation on behalf of the appellants. Hence, it was ordered to be listed on 24.06.2025 under the caption ‘for dismissal'. The appeal is listed today under the caption ‘for dismissal'. As already noted above, when the case is called, the appellants are not represented. It appears that the appellants are not interested in prosecuting the appeal. Hence, the appeal is dismissed for non-prosecution. 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 MRP List No.: 1 Sl No.: 28