- 1 - HC-KAR NC: 2025:KHC:23566 RFA No. 1186 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 1186 OF 2017 (PAR) BETWEEN: 1. SRI.MUNIRAJU AGED ABOUT 56 YEARS, S/O SRI T.YELLAPPA, R/AT THUBARAHALLI VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, BENGALURU-560 066. 2. SRI. Y.GOPALA AGED ABOUT 53 YEARS, S/O SRI. T.YELLAPPA, R/AT THUBARAHALLI VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, BENGALURU-560 066. …APPELLANTS (BY SMT. SUNITHA.M & SRI. S.VISHWANATH., ADVOCATES [ABSENT]) AND: 1. SRI. KRISHNAPPA AGED ABOUT 69 YEARS, S/O LATE MUNISHAMAPPA, R/AT THUBARAHALLI VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, BENGALURU-560 066. 2. SRI. T.YELLAPPA AGED ABOUT 91 YEARS, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23566 RFA No. 1186 of 2017 S/O SRI. PERUMA, R/AT THUBARAHALLI VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, BENGALURU-560 066. 3. SRI. Y.VENKATASWAMY AGED ABOUT 60 YEARS, S/O SRI. T.YELLAPPA, R/AT THUBARAHALLI VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, BENGALURU-560 066. 4. SRI. Y.MUNIYEALLAPPA AGED ABOUT 53 YEARS, S/O SRI. T.YELLAPPA, R/AT THUBARAHALLI VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, BENGALURU-560 066. 5. 5(A) 5(B) SRI. PULLAPPA AGED ABOUT 83 YEARS, S/O SRI. PERUMA, R/AT THUBARAHALLI VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, BENGALURU-560 066. RESPONDENT NO.5 SRI. PULLAPPA SINCE DEAD BY LR'S, SMT. YELLAMMA, WIFE OF SRI. LATE PULLAPPA, AGED ABOUT 80 YEARS, SRI. SRINIVAS WIFE OF SRI. LATE PULLAPPA, AGED ABOUT 50 YEARS, - 3 - HC-KAR NC: 2025:KHC:23566 RFA No. 1186 of 2017 5(C) SMT. MUNIAKSHMAMMA D/O SRI. LATE PULLAPPA, AGED ABOUT 58 YEARS, PROPOSED RESPONDENT 5(A) TO 5(C) ALL ARE RESIDING AT THUBARAHALLI VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK, BENGALURU-560 066. 6. SMT.VENKATAMMA AGED ABOUT 73 YEARS, W/O LATE RAMA, R/AT THUBARAHALLI VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, BENGALURU-560 066. 7. SRI. NANJAPPA AGED ABOUT 78 YEARS, S/O SRI. T.YELLAPPA, R/AT THUBARAHALLI VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, BENGALURU-560 066. 8. SRI. THIMMAIAH REDDY AGED ABOUT 73 YEARS, S/O LATE BIDDAPPA, R/AT NO.1182, SRI VENKATESHWARA NILAYA, 'D' MAIN ROAD, 2ND STAGE, INDIRANAGAR, BANGALORE-560 038. 9. SMT. SAROJA AGED ABOUT 56 YEARS, W/O SRI.THIMMAIAH REDDY, R/AT NO.1182, SRI VENKATESHWARA NILAYA, 'D' MAIN ROAD, 2ND STAGE, INDIRANAGAR, BANGALORE-560 038. - 4 - HC-KAR NC: 2025:KHC:23566 RFA No. 1186 of 2017 10. SRI. T.KIRAN KUMAR AGED ABOUT 38 YEARS, S/O SRI.THIMMAIAH REDDY, R/AT NO.1182, SRI. VENKATESHWARA NILAYA, 'D' MAIN ROAD, 2ND STAGE, INDIRANAGAR, BANGALORE-560 038. 11. SRI. M.CHANADRA AGED ABOUT 52 YEARS, S/O LATE MUNIYELLAPPA, R/AT NO.15, 1ST CROSS, 22ND MAIN ROAD, VINAYAKA NAGAR, J.P.NAGAR, 5TH STAGE, BANGALORE-560 078. …RESPONDENTS (BY SRI. NARAYAN RAO., ADVOCATE FOR SRI. RAJESWARA.P.N., ADVOCATE FOR R8 TO 10; PROPOSED 5 (A TO C) ARE HELD SUFFICIENT; NOTICE TO R3-HELD SUFFICIENT V/O DATED: 11.07.2022; R11-SERVED) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF THE CODE OF CIVIL PROCEDURE, 1908. THIS REGULAR FIRST APPEAL IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER ORAL ORDER Though matter called twice, the appellants are not represented. When the case is listed and called out, the advocate must be present. The absence may affect the case. - 5 - HC-KAR NC: 2025:KHC:23566 RFA No. 1186 of 2017 Sri.Narayana Rao., counsel on behalf of Sri.Rajeswara.P.N., for respondents 8 to 10 has appeared in person. As could be seen from the daily order sheet, the appeal was listed on 05.06.2025, on that day, there was no representation on behalf of the appellants. Hence, for appearance of counsel for the appellants, it was ordered to be listed on 16.06.2025. The appeal was listed on 16.06.2025, on that day, at request on behalf of counsel for the appellants, the appeal was ordered to be listed on 02.07.2025, subject to payment of cost of Rs.500/- (Rupees Five Hundred only) payable to Advocates' Clerks Benevolent Trust, High Court of Karnataka, Bengaluru. The appeal is listed today. As already noted above, though matter called twice, there is no representation on behalf of the appellants, either personally or through video conferencing and cost is also not paid. It appears that the appellants are not interested in prosecuting the appeal. Hence, the appeal is dismissed for non-prosecution. - 6 - HC-KAR NC: 2025:KHC:23566 RFA No. 1186 of 2017 Because of dismissal of the appeal, interim order granted if any stands discharged and pending interlocutory application if any are disposed of. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 1 Sl No.: 6