- 1 - NC: 2024:KHC:44206 RSA No. 1110 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2024 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR SECOND APPEAL NO. 1110 OF 2020 (PAR) BETWEEN: DASAPPA S/O LATE GOVINDAPPA, AGED ABOUT 77 YEARS, RESIDING AT DODDAGARAHARA VILLAGE AT POST BUKKAPATTANA HOBLI, SIRA TALUK, TUMAKURU DISTRICT-572 115, AND ALSO AT R/AT NO.629, 2ND MAIN, 2ND STAGE 'E' BLOCK, RAJAJINAGAR, BENGALURU-560 010. …APPELLANT (BY SRI. K.P.JAYASIMHA., ADVOCATE [ABSENT]) AND: 1. MUDLAPPA S/O LATE GOVINDAPPA, AGED ABOUT 83 YEARS, 2. MAHALINGAPPA S/O LATE GOVINDAPPA, AGED ABOUT 81 YEARS, 3. D.M.BHOJARAJA S/O MAHALINGAPPA, AGED ABOUT 52 YEARS, 4. D.M.SHANTHARAJA S/O MAHALINGAPPA, AGED ABOUT 50 YEARS, Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2024:KHC:44206 RSA No. 1110 of 2020 5. D.M.GIRISH S/O MAHALINGAPPA, AGED ABOUT 52 YEARS, ALL ARE RESIDING AT DODDAGRAHARA VILLAGE AT POST BUKKAPATTANA HOBLI, SIRA TALUK, TUMAKURU DISTRTICT-572 115. …RESPONDENTS (BY SRI. PATEL.D.KAREGOWDA., ADVOCATE FOR R1 AND 2; SRI. R.S.UMESH., ADVOCATE FOR R3 TO 5) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE, 1908, SEEKING CERTAIN RELIEFS. THIS REGULAR SECOND APPEAL IS LISTED FOR DISMISSAL, 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 is 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 28.10.2024, on that day, when the matter was called, there was no representation on behalf of the appellant, either personally or through video conferencing. Hence, the office was directed to list this matter under the caption 'for dismissal' on 30.10.2024. - 3 - NC: 2024:KHC:44206 RSA No. 1110 of 2020 The appeal is listed today under the caption 'for dismissal'. A perusal of the appeal papers depicts that the appeal is filed in the year 2020. Now we are in the month of November 2024. It is pending for almost four years. As already noted above, when the matter is called, the appellant is not represented. It appears that the appellant is not diligent in prosecuting the appeal. Hence, the Regular Second Appeal is dismissed for non-prosecution. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 1 Sl No.: 24