- 1 - HC-KAR NC: 2025:KHC:20341 RFA No. 1609 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 1609 OF 2017 (PAR/DEC) BETWEEN: 1. SMT. SAKAMMA W/O LATE M.RANGAPPA, AGED ABOUT 62 YEARS, 2. SMT. MEENA D/O LATE M.RANGAPPA, AGED ABOUT 41 YEARS, BOTH ARE PRESENTLY RESIDING AT NO.367, BEHIND YELLAMMA TEMPLE, THIGALARA BEEDI, KENGERI HOBLI, BENGALURU SOUTH TALUK, BENGALURU-560 060. …APPELLANTS (BY SMT. RADHIKA.K., ADVOCATE FOR SRI. S.G.HEGDE., ADVOCATE [ABSENT]) AND: 1. SRI. RANGADASAPPA S/O LATE MAGADAPPA, AGED ABOUT 57 YEARS, RESIDING AT NO.367, BEHIND YELLAMMA TEMPLE, THIGALARA BEEDI, KENGERI HOBLI, BENGALURU SOUTH TALUK, BENGALURU-560 060. SRI. SEENAPPA S/O LATE MAGADAPPA, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20341 RFA No. 1609 of 2017 2. SINCE DECEASED BY HIS LR'S, SRI. RANGASWAMY.K.S. S/O LATE SEENAPPA, AGED ABOUT 37 YEARS, 3. SRI. SHIVAKUMAR.K.S. S/O LATE SEENAPPA, AGED ABOUT 34 YEARS, NO.2 AND 3 ARE R/AT NO.367, RESIDING AT NO.367, BEHIND YELLAMMA TEMPLE, THIGALARA BEEDI, KENGERI HOBLI, BENGALURU SOUTH TALUK, BENGALURU-560 060. 4. SMT. TULASAMMA W/O LATE HANUMANTHAIAH, AGED ABOUT 72 YEARS, R/AT GANAPATHYHALLI COLONY, NEAR BIG BANYAN TREE, CHUNCHANAGUPPE POST, TAVAREKERE HOBLI, BENGALURU SOUTH TALUK-560 060. 5. SRI. RAMESH S/O LATE M.RANAPPA, AGED ABOUT 45 YEARS, RESIDING AT NO.19A, VINAYAKA LAYOUT, NAGADEVANAHALLI, BENGALURU-560 056. 6. SMT. LAKKAMMA W/O LATE MAGADAPPA, SINCE DEAD BY HER LEGAL REPRESENTATIVE ON RECORD AS APPELLANTS AND RESPONDENTS IN THE APPEAL. …RESPONDENTS (BY SRI. B.S.SHARATH KUMAR & SRI. SHANTHA KUMAR.A., ADVOCATE FOR R1 (A TO C); - 3 - HC-KAR NC: 2025:KHC:20341 RFA No. 1609 of 2017 R2, R3 & 5-SERVED) 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 matter was called in the forenoon session, Smt.Radhika.K., counsel on behalf of Sri.S.G.Hegde., for the appellants had appeared in person and sought pass-over. The matter was passed over. The case was again called at 12:00 pm., there is no representation on behalf of the appellants, either personally or through video conferencing. 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 appeal papers, the appeal is filed in the year 2017. Now we are in the month of June 2025. The appeal is pending from eight years. As already noted above, when the matter is called for the second time, there is no representation on behalf of the appellants. It appears that - 4 - HC-KAR NC: 2025:KHC:20341 RFA No. 1609 of 2017 the appellants are not interested in prosecuting the appeal. Hence, 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 TKN List No.: 1 Sl No.: 5