- 1 - HC-KAR NC: 2025:KHC:23910 MSA No. 112 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH MISCELLANEOUS SECOND APPEAL NO.112 OF 2021 (RO) BETWEEN: 1. SRI NARASIMHAIAH S/O LATE MUNIYAPPA AGED ABOUT 41 YEARS 2. SRI KADIRAPPA S/O LATE DODDAVEERAPA AGED ABOUT 75 YEARS 3. SRI PILLAPPA S/O LATE DODDAVEERAPA AGED ABOUT 73 YEARS ALL ARE R/AT HARALURU VILLAGE CHANNARAYAPATNA HOBLI DEVANAHALLI TALUK-562110. …APPELLANTS (BY SRI ANANDA H.C., ADVOCATE - ABSENT) AND: 1. SRI B. NAGARAJ S/O LATE BALAPPA AGED ABOUT 52 YEARS 2. SRI B MANJUNATHA S/O LATE BALAPPA AGED ABOUT 41 YEARS Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23910 MSA No. 112 of 2021 BOTH ARE R/AT HARALURU VILLAGE CHANNARAYAPATNA HOBLI DEVANAHALLI TALUK-562110. …RESPONDENTS THIS MSA IS FILED UNDER ORDER 43 RULE 1 (U) OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 26.07.2021 PASSED IN R.A.NO.15036/2020 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, DEVANAHALLI AND ETC. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT This Court had issued emergent notice to the respondents on 29.08.2024 and on 25.06.2025, this Court held that notice was ordered against the respondents in the year 2024, but till date, PF was not paid to issue notice to the respondents. However, in the ends of justice, time of one week was granted to pay the PF to issue notice against the respondents and also made it clear that if PF is not paid within a week, the appeal will be dismissed on the next date of hearing. Inspite of the said order, today also the counsel for the appellants not appeared before the - 3 - HC-KAR NC: 2025:KHC:23910 MSA No. 112 of 2021 Court and also not furnished PF to issue notice against the respondents. Hence, the appeal is dismissed for non- prosecution in terms of the order dated 25.06.2025. 2. In view of dismissal of the main appeal, I.A. if any, does not survive for consideration and the same stands dismissed. Sd/- (H.P.SANDESH) JUDGE SN