- 1 - HC-KAR NC: 2025:KHC:23572 RFA No. 1097 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. 1097 OF 2017 (INJ) BETWEEN: 1. SRI. K.H.KHANI S/O LATE N.A.KHAN, AGED ABOUT 64 YEARS, 2. SRI. KARAR AHAMED S/O LATE N.A.KHAN, AGED ABOUT 61 YEARS, BOTH ARE RESIDING AT NO.28, 2ND BLOCK, 9TH CROSS, JAYANAGAR, BENGALURU-560 011. …APPELLANTS (BY SRI. GUNJAL BASAPPA MAHALINGAPPA., ADVOCATE [ABSENT]) AND: 1. SRI. S.M.ABOOBAKAR S/O SYED IQBAL HUSSAIN, MAJOR, RESIDING AT NO.81, 2ND CROSS, VICTORIA LAYOUT, VIVEKANAGARA POST, BENGALURU-560 047. 2. SRI. RAMESH REDDY S/O NOT KNOWN TO PLAINTIFF MAJOR, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23572 RFA No. 1097 of 2017 3. SRI. DEVARAJA S/O NOT KNOWN TO PLAINTIFF, MAJOR, BOTH ARE RESIDING AT BEGUR VILLAGE, BEGUR HOBLI, BENGALURU SOUTH TALUK-560 068. …RESPONDENTS (R1-SERVED AND UNREPRESENTED; NOTICE TO R2 & 3-HELD SUFFICIENT V/O DATED:15.11.2023) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF THE CPC. THIS REGULAR FIRST 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. As could be seen from the daily order sheet, the appeal was listed on 01.07.2025, on that day, though matter called twice, there was no representation on behalf of the appellants. Hence, for appearance of counsel for the appellants, the appeal was ordered to be listed on 02.07.2025. It was also ordered that if none appears for the appellants on the next date of hearing, the appeal will be dismissed for non-prosecution. - 3 - HC-KAR NC: 2025:KHC:23572 RFA No. 1097 of 2017 The appeal is listed today. As already noted above, when the case is called, the appellants are not represented. In view of earlier peremptory order, the appeal is dismissed for non- prosecution. Because of dismissal of the appeal, interim order granted if any stands discharged and pending interlocutory applications if any are disposed of. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 1 Sl No.: 38