- 1 - NC: 2024:KHC:43630 RSA No. 1380 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2024 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR SECOND APPEAL NO. 1380 OF 2020 (PAR) BETWEEN: 1. SHRI SEETHARAM S/O. KRISHNAPPA, AGED ABOUT 43 YEARS, 2. SMT. MAMATHA W/O. SATHISH, AGED ABOUT 41 YEARS, BOTH ARE R/AT SINGENA AGRAHARA VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BANGALORE DISTRICT, BANGALORE-562 106. PRESENTLY RESIDING AT NO.375 8TH CROSS, 3RD BLOCK, HMT LAYOUT, VIDYARANYAPURA, BANGALORE-560 097. …APPELLANTS (BY SRI. N.THIMMEGOWDDA., ADVOCATE [ABSENT]) AND: 1. KEMAPURADA APPAIAH D/O. DYAVAIAH, SINCE DECEASED BY HIS LRS, I.E. RESPONDENTS NO. 1 AND 2 WHO WERE ALREADY ON RECORD BEFORE THE TRIAL COURT SHRI. NARAYANAPPA, S/O. KEMPAPURADA APPAIAH, Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2024:KHC:43630 RSA No. 1380 of 2020 AGED ABOUT 75 YEARS, 2. SHRI. KRISHNAPPA, S/O. APPAIAH, AGED ABOUT 68 YEARS, 3. SHRI. N.RAMESH S/O. SRI. NARAYANAPPA, AGED ABOUT 45 YEARS, 4. SHRI. N.MURTHY S/O. SRI.NARAYANAPPA, AGED ABOUT 41 YEARS, 5. SHRI. N.MANJUNATH S/O. SRI.NARAYANAPPA, AGED ABOUT 38 YEARS, ALL ARE R/AT R/AT SINGENA AGRAHARA VILLAGE, SARJAPURA HOBLI, ANEKAL TLAUK, BANGALORE DISTRICT, BANGALORE-562 106. …RESPONDENTS (BY SRI. G.S.PRASAD REDDY., ADVOCATE FOR C/R4) 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 ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER When the case is called, the appellants are not represented. When the case is listed and called out, the advocate must be present. The absence may affect the case. - 3 - NC: 2024:KHC:43630 RSA No. 1380 of 2020 As could be seen from the daily order sheet, the appeal was listed on 28.10.2024, on that day, there was no representation on behalf of the appellants. Hence, the office was directed to list this matter under the caption 'for dismissal' on 29.10.2024. The appeal is listed today under the caption 'for dismissal'. As already noted above, when the matter is called, the appellants are not represented. As could be seen from the appeal papers, the appeal is filed in the year 2020. Now we are in the month of October 2024. The appeal is pending from four years. It appears that the appellants are not interested in prosecuting the appeal. Hence, the Regular Second Appeal is dismissed for non-prosecution. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 2 Sl No.: 99