- 1 - HC-KAR NC: 2025:KHC:24850-DB RFA No. 1570 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE T.M.NADAF REGULAR FIRST APPEAL NO.1570/2015 (DEC/INJ) BETWEEN: SRI KUTTEPPA @ MUNIYAPPA AGED ABOUT 70 YEARS, S/O. LATE PERUMALAPPA, R/AT VEMGAL VILLAGE & HOBLI, KOLAR TALUK & DISTRICT-563101. …APPELLANT (BY SRI. SHEETAL SONI, ADV.-ABSENT) AND: SRI RAJANNA AGED ABOUT 72 YEARS, S/O. LATE PERUMALAPPA, R/AT C-BLOCK, AMBEDKAR COLONY, VEMGAL, KOLAR TALUK AND DISTRICT-563101. …RESPONDENT THIS APPEAL IS FILED UNDER SEC.96 AND ORDER XLI RULE 1 CPC, 1908, AGAINST THE JUDGMENT AND DECREE DATED 24.07.2015 PASSED IN O.S.11/2015 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE & JMFC., KOLAR, DISMISSING THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR. JUSTICE T.M.NADAF Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24850-DB RFA No. 1570 of 2015 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE S.G.PANDIT) This Court ordered notice on 15.12.2017. As no steps were taken to issue notice to respondent, the matter was listed on 07.01.2021. On the said date, two weeks time was granted to do the needful. As the appellant has failed to take steps even thereafter, the appeal is listed today for taking steps for service of notice on the respondent. 2. Today, there is no representation for the appellant in the morning as well as in the afternoon. 3. It appears that the appellant is not interested in prosecuting the appeal. Hence, the appeal is dismissed for non-prosecution. Sd/- (S.G.PANDIT) JUDGE Sd/- (T.M.NADAF) JUDGE NC CT:bms: List No.: 1 Sl No.: 14