- 1 - NC: 2025:KHC:3096 RFA No. 1428 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD REGULAR FIRST APPEAL NO. 1428 OF 2014 (PAR/INJ) BETWEEN: 1. SRI P N NAGARAJA RAO S/O LATE NARAYANAN RAO P AGED ABOUT 77 YEARS 2. SRI N PRAKASH, S/O P .N NAGARAJA RAO AGED ABOUT 46 YEARS BOTH ARE RESIDING AT NO.1152 KRUTHIKA 3RD MAIN, II PHASE GIRINAGAR, BANGALORE-560 085. …APPELLANTS (BY SRI. NANJUNDA SWAMY N.,ADVOCATE [ABSENT]) AND: 1. SRI N GALAPPA @ CITY GALA S/O LATE NAGAHANUMAIAH AGED ABOUT 44 YEARS R/O NO.132, PATTANAGERE VILLAGE A.K.COLONY, RAJARAJESHWARINAGAR BANGALORE-560 098. 2. SRI G KRISHNAPPA S/O LATE PENTAGAPPA AGED ABOUT 54 YEARS R/O PATTANAGERE VILLAGE A.K.COLONY, RAJARAJESHWARINAGAR BANGALORE-560 098. 3. SRI KARESHNNAIAH S/O SHANNAIAH AGED ABOUT 55 YEARS R/AT NO.109, 3RD CROSS Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3096 RFA No. 1428 of 2014 SARASWATHIPURAM NANDINI LAYOUT BANGALORE-560 096. 4. SMT R SARALA W/O LATE S R SINGH AGED ABOUT 69 YEARS. 5. SMT. R SUMANA D/O LATE S R SINGH AGED ABOUT 45 YEARS R4 AND R5 ARE R/AT FF1 SUMUKHA ENCLAVE APARTMENT 1ST MAIN ROAD, 1ST CROSS VIVEKANANDA NAGAR, BANASHANKARI 3RD BLOCK, BENGALURU-560 085. …RESPONDENTS (BY SRI. SHARATH S GOWDA, ADVOCATE FOR R3 TO R5: NOTICE TO R1 & R2 ARE SERVED AND UNREPRESENTED) THIS RFA IS FILED UNDER SECTION 96, READ WITH ORDER 41, RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED:19.08.2014 PASSED IN O.S.6625/2010 ON THE FILE OF THE V-ADDL. CITY CIVIL JUDGE, BENGALURU, DISMISSING THE SUIT FOR PERMANENT INJUNCTION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD - 3 - NC: 2025:KHC:3096 RFA No. 1428 of 2014 ORAL JUDGMENT 1. The learned counsel for the appellants submitted that inspite of his best efforts, he is unable to contact the appellants and seek further instructions in the matter. 2. Submission of the learned counsel for the appellants is placed on record. 3. It appears that the appellants are not interested in prosecuting the case. Hence, the appeal is dismissed for non-prosecution. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 18