- 1 - NC: 2024:KHC:52012 MFA No. 8366 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH MISCELLANEOUS FIRST APPEAL NO.8366 OF 2018 (CPC) BETWEEN: 1. SMT. VIMALA, AGED ABOUT 83 YEARS, W/O LATE SRIKANTAIAH, NO.15, G.H.LAYOUT, L.I.C. COLONY, 3RD BLOCK, JAYANAGAR EAST, BANGALORE-560011. SINCE DEAD BY LRS SRI K.S.JAGANATH, AGED ABOUT 62 YEARS, S/0 LATE K.N.SRIKANTAIAH, 1802-B, ‘SRIKANATAKRUPA’, 13TH CROSS, H.S.R.SECTOR-1, BANGALORE-560 102. 2. SRI K.S.SURESH, AGED ABOUT 60 YEARS, S/0 LATE K.N.SRIKANTAIAH, NO.2720, I FLOOR, 12TH MAIN ROAD 4TH BLOCK, JAYANAGAR BANGALORE-560 011. 3. SRI. K.S.SADASHIVA PRASAD, AGED ABOUT 55 YEARS, S/0 LATE K.N.SRIKANTAIAH, NO.220/A, 7TH MAIN ROAD JAYANAGAR 1ST BLOCK, BYRASANDRA, BANGALORE-560011. 4. SMT.LATHA KUMARI,, AGED ABOUT 50 YEARS, W/O LATE KUMAR. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2024:KHC:52012 MFA No. 8366 of 2018 5. DEEPTHI, AGED ABOUT 23 YEARS, D/O LATE KUMAR. APPELLANT 4 AND 5 ARE RESIDING AT NO.24/D, ‘PAVANA’, 17TH MAIN, MUNESHWARA BLOCK, GIRINAGAR, BANGALORE-560 026. (AMENDED VIDE COURT ORDER DATED 21.01.2020) …APPELLANTS (BY SRI. B.V. BADRINATH, ADVOCATE) AND: 1. 1(a) SMT. JAYAMMA, AGED ABOUT 62 YEARS, W/O. LATE B.R.SHIVARA, RESIDING AT NO.471, 3RD CROSS, BANASHANKARI I STAGE, SREENAGAR, BANGALORE-560050. SINCE DEAD BY LR SRI SOMASHEKAR, AGED ABOUT 50 YEARS, S/O LATE B.R.SHIVARAM, RESIDING AT NO.471, 3RD CROSS, BANASHANKARI 1ST STAGE, SREENAGAR, BANGALORE-560050. (AMENDED VIDE COURT ORDER DATED 02.12.2024) …RESPONDENT (BY SRI. V.B.SHIVAKUMAR, ADVOCATE) THIS MFA IS FILED UNDER ORDER 43 RULE 1(d) OF THE CPC, AGAINST THE ORDER DATED 14.08.2018 PASSED ON IA NO.1 IN MIS.NO.630/2016 ON THE FILE OF THE XIV ADDITIONAL CITY CIVIL JUDGE, BENGALURU (CCH NO.28), REJECTING IA NO.1 UNDER SECTION 5 OF LIMITATION ACT, CONSEQUENTLY DISMISSING MISCELLANEOUS PETITION. - 3 - NC: 2024:KHC:52012 MFA No. 8366 of 2018 THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT The learned counsel for the appellants is absent. This Court vide order dated 10.12.2024 observed that inspite of amendment was allowed long back on 02.01.2020 and 02.12.2024, till date amended cause title is not filed and granted one week time to file the amended cause title on cost of Rs.500/- payable at the Registry within one week. The cost is not paid and also not filed the amended cause title. The learned counsel for the appellants is also absent and not pursuing the matter diligently inspite of appeal is filed in the year 2018. Hence, the appeal is dismissed. Sd/- (H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 2