- 1 - HC-KAR NC: 2025:KHC:22793 RSA No. 280 of 2010 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE REGULAR SECOND APPEAL NO. 280 OF 2010 BETWEEN: ABDUL SIDDIQ S/O ABDUL KHADER, MAJOR R/O T.B.BLOCK, NES COLONY, PERIYAPATNA TALUK, MYSORE DISTRICT SINCE DECEASED BY LRs. 1(a) NOOR ZEIBA W/O LATE ABDUL SIDDIQ AGED ABOUT 60 YEARS *Page No. 1 to 4 are retyped and replaced vide chamber order dated 21.07.2025 Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22793 RSA No. 280 of 2010 1(b) NISAR AHAMED S/O LATE ABDUL SIDDIQ AGED ABOUT 39 YEARS 1(c) NOOR ZEHERA D/O LATE ABDUL SIDDIQ AGED ABOUT 38 YEARS 1(d) NAZIRR AHMED S/O LATE ABDUL SIDDIQ AGED ABOUT 36 YEARS ALL ARE RISIDING AT: I.B. BLOCK NES COLONY PERIYAPATTANA TALUK MYSORE 577107 - 3 - HC-KAR NC: 2025:KHC:22793 RSA No. 280 of 2010 (AMENDMENT CARRIED OUT AS PER ORDER DATED 30.11.2022) …APPELLANTS (APPELLANT NO.1(A), TO 1(D) (ABSENT)) AND: 1. MEER KAUSER ALI S/O LATE KHIJAR ALI MAJOR, R/AT NO.853 DODDABEEDHI PERIYAPATNA MYSURU 571107. 2. MEER KANAK ALI @ MEER SAKUNAR ALI MAJOR, S/O LATE KHIJAR ALI @ BHIJAR SAB - 4 - HC-KAR NC: 2025:KHC:22793 RSA No. 280 of 2010 R/AT DODDABEEDHI, PERIYAPATNA TOWN MYSORE DISTRICT 510123. DECEASED. …RESPONDENTS (BY SMT. LEELA P. DEVADIGA, ADVOCATE FOR R1. APPEAL STANDS ABATED AGAISNT R2.) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 6.10.2009 PASSED IN R.A.NO.251/2009 ON THE FILE OF THE CIVIL JUDGE (SR.DN) & JMFC., HUNSUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 16.9.2004 PASSED IN O.S.NO.101/1998 ON THE FILE OF THE CIVIL JUDGE (JR.DN) & JMFC., PERIYAPATNA. TRIAL COURT PARTLY DECREED THE SUIT, APPELLATE COURT DISMISSED THE APPEAL. THE SUIT FOR SPECIFIC PERFORMANCE. - 5 - HC-KAR NC: 2025:KHC:22793 RSA No. 280 of 2010 THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE ORAL JUDGMENT Learned counsel for the appellant has filed a memo seeking leave of this Court to retire from the case for want of instructions. 2. The learned counsel for the appellants submits that, the memo is accompanied by the postal envelop sent to the appellant which is returned with an endorsement as "insufficient address", and further submits that appellant has also not responded to the phone calls. 3. The memo is accepted, and the learned counsel for the appellant is permitted to retire from the case. 4. The appellant called out, remained absent. 5. The appeal is of the year 2010, and this Court does not find any reasons to adjourn the matter. 6. Accordingly, the appeal is dismissed for non- prosecution. Sd/- HR (ANANT RAMANATH HEGDE) JUDGE