- 1 - NC: 2025:KHC:14718 RFA No. 48 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.I.ARUN REGULAR FIRST APPEAL NO. 48 OF 2017 (DEC/INJ) BETWEEN: 1. 1(i) SRI. T.A.AMANULLA S/O T.A.CHOUTU BAIG DEAD BY LRS MUMTAZ BEGUM AGED ABOUT 40 YEARS W/O P.K.ABDUL KHADER NO.7/5, MAGADI MAIN ROAD E-STREET GOPALAPURA BANGALORE-560 023. 1(ii) SHEHNAZ BEAGUM W/O SYED RAFIA AGED ABOUT 4 YEARS NO.15, MAGADI MAIN ROAD E-STREET, GOPALAPURA BANGALORE-560 023. 1(iii) MRS. GULZAR AGED ABOUT 40 YEARS W/O SYED ABDULLA NO.6, MAGADI MAIN ROAD E-STREET, GOPALAPURA BANGALORE-560 023. Digitally signed by H K HEMA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14718 RFA No. 48 of 2017 1(iv) ARIFA BEGUM D/O T.A.AMANULLA W/O ASLAM AGED ABOUT 34 YEARS NO.436, LAWYERS PALYA VIJAYANAGARA BANGALORE-560 039. 1(v) SMT. ASMA JABEEN W/O MOHAMMED SALEEM D/O LATE T.A.AMANULLA NO.5, MAGADI MAIN ROAD 3RD CROSS, GOPALAPURA BANGALORE-560 023. 2. SMT. NASEEMUNNISA AGED ABOUT 65 YEARS W/O T.A.AMANULLA NO.17, E-STREET GOPALAPURA MAGADI MAIN ROAD BANGALORE-560 023. …APPELLANTS (BY SRI. D.R.SUNDARESHA, ADVOCATE [ABSENT]) AND: 1. SRI. HUCHAPPA AGED ABOUT 75 YEARS S/O RANGAPPA NO.36, 28/2, 3RD CROSS MAGADI MAIN ORAD GOPALAPURA BANGALORE-560 023. - 3 - NC: 2025:KHC:14718 RFA No. 48 of 2017 2. SRI. DODDA MALLAHA S/O LATE GOPANNA AGED 10 YEARS R/AT NO.36, 28/2 MAGADI MAIN ROAD 3RD CROSS, GOPALAPURA BANGALORE-23. 3. SMT. AKHILA BEGUM W/O MUNEER PASHA AGED ABOUT 42 YEARS R/IN A PORTION NO.32 3RD CROSS, GOPALAPURA MAGADI MAIN ROAD BANGALORE-32. …RESPONDENTS (BY SRI. V. KRISHNAMURTHY, ADVOCATE FOR R3; VIDE ORDER DATED 20.06.2019 NOTICE TO R1 AND R2 DISPENSED WITH) THIS RFA FILED UNDER SECTION 96 ORDER 41 RULE 1 OF THE CPC., PRAYING TO ALLOW THE APPEAL BY SETTING ASIDE THE PORTION OF THE JUDGMENT AND DECREE OF REFUSING THE PERMANENT AND MANDATORY INJUNCTION WITH RESPECT TO 2 X 45 FEET ON THE SOUTHERN SIDE OF THE SUIT SCHEULE PROPERTY IN O.S.NO.122/1994 ON THE FILE OF THE VII ADDITIONAL CITY CIVIL & SESSIONS JUDGE, AT BANGALORE (CCH-19) DATED 28.10.2016 WITH COSTS AND SUCH OTHER RELIEF AS THIS HON'BLE COURT DEEMS FIT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - NC: 2025:KHC:14718 RFA No. 48 of 2017 CORAM: HON'BLE MR JUSTICE M.I.ARUN ORAL JUDGMENT None appears for the appellants. Even on the last occasion also, none appeared for the appellants. The appeal is of the year 2017. It appears that the appellants are not interested in prosecuting the appeal. Hence, the appeal is dismissed for non-prosecution. Sd/- (M.I.ARUN) JUDGE PGG List No.: 2 Sl No.: 7