- 1 - NC: 2025:KHC:4574 RFA No. 443 of 2008 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD REGULAR FIRST APPEAL NO. 443 OF 2008 (PAR) BETWEEN: SRI MUNIPAPAIAH S/O. SRI KENJALAPPA AGE MAJOR R/O. JALAHALLI BANGALORE - 560013. …APPELLANT (SRI. MUNIPAPAIAH, APPELLANT[ ABSENT]) AND: 1. SMT LAKSHMAMMA SINCE DEAD BY HER LR’S SMT. MANJULA D/O LATE MUNIANJANAPPA AGED ABOUT 27 YEARS. 2. SMT. VARALAKSHMI D/O LATE SRI MUNIANJINAPPA AGED ABOUT 40 YEARS. 3. SMT RATHNA D/O LATE SRI MUNIANJINAPPA AGED ABOUT 38 YEARS. 4. SRI CHALUVAMURTHY S/O LATE SRI MUNIANJINAPPA AGED ABOUT 36 YEARS 5. SRI CHOWDAPPA S/O LATE SRI MUNIANJINAPPA AGED ABOUT 34 YEARS. Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4574 RFA No. 443 of 2008 R1 TO R5 ARE RESIDENTS OF NO.42, 5TH CROSS A K COLONY, JALAHALLI VILLAGE BENGALURU-560 013. 6. SHIVAPPA S/O. KENJALAPPAA AGE MAJOR R/AT NO.67, 4TH CROSS JALAHALLI, BANGALORE – 560013. 7. SMT MEENA D/O. KENJALAPPA AGE MAJOR R/AT NO.184/3, JALAHALLI BAHUBALINAGAR BANGALORE - 560013. …RESPONDENTS (BY SRI. P B AJITH, ADVOCATE FOR R1 TO R5: NOTICE TO R6 & R7 ARE SERVED & UNREPRESENTED) THIS RFA IS FILED UNDER SECTION 96 OF THE CPC AGAINSTG THE JUDGEMENT AND DECREE DATED: 10.3.08 PASSED IN OS NO. 2051/2000 ON THE FILE OF THE XVIII ADDL. CITY CIVIL JUDGE, BANGALORE, (CCH.NO.32), DISMISSING THE SUIT FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD - 3 - NC: 2025:KHC:4574 RFA No. 443 of 2008 ORAL JUDGMENT 1. This court by order dated 24.01.2025 had permitted the learned counsel for the appellant to retire from the case and directed the office to show the name of the appellant in the cause list. 2. Today, when the matter was called out, neither the appellant appeared nor he has engaged the services of any counsel. It appears that the appellant is not interested in prosecuting the case. Hence, the appeal is dismissed for non-prosecution. 3. In view of dismissal of appeal, pending I.As., if any, do not survive for consideration and are accordingly dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 24