- 1 - NC: 2025:KHC:3098 RFA No. 1706 of 2015 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. 1706 OF 2015 (SP) BETWEEN: 1. SMT VENKUBAI W/O LATE NARAYAN RAO AGED ABOUT 79 YEARS R/AT NO. 2/1, NEW NO. 108 15TH CROSS, BHUVANESHWARI NAGAR K.P.AGRAHARA DAKHALE MARIYAPPANA PALYA, MAGADI ROAD BANGALORE - 560 023. 2. SRI RAMA RAO @ BABU S/O LATE NARAYAN RAO AGED ABOUT 47 YEARS R/AT NO. 2/1, NEW NO. 108 15TH CROSS, BHUVANESHWARI NAGAR K.P.AGRAHARA DAKHALE MARIYAPPANA PALYA, MAGADI ROAD BANGALORE - 560 023. 3. SRI ANAND RAO S/O LATE NARAYAN RAO AGED ABOUT 36 YEARS R/AT NO. 2/1, NEW NO. 108 15TH CROSS, BHUVANESHWARI NAGAR K.P.AGRAHARA DAKHALE MARIYAPPANA PALYA, MAGADI ROAD BANGALORE - 560 023. 4. SRI VIJAYA RAO S/O LATE NARAYAN RAO AGED ABOUT 47 YEARS R/AT NO. 2/1, NEW NO. 108 Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3098 RFA No. 1706 of 2015 15TH CROSS, BHUVANESHWARI NAGAR K.P.AGRAHARA DAKHALE MARIYAPPANA PALYA, MAGADI ROAD BANGALORE - 560 023. …APPELLANTS (APPELLANTS ARE ABSENT) AND: SRI M ANANDA PRASAD S/O LATE VENKATRAMAIAH AGED ABOUT 70 YEARS R/AT NO. 4097, 8TH A MAIN M.S.RAMAIAH CITY, J.P.NAGAR 7TH PHASE, BANGALORE - 560 076. …RESPONDENT (BY SRI. R B SADASIVAPPA.,ADVOCATE FOR C/R) THIS RFA IS FILED UNDER SECTION 96 OF CPC., 1908 AGAINST THE JUDGMENT AND DECREE DATED 30.10.2015 PASSED IN OS.NO.7727/2011 ON THE FILE OF THE XVIII ADDL.CITY CIVIL JUDGE, AT BENGALURU CITY, (CCH.NO.10), DISMISSING THE SUIT FOR SPECIFIC PERFORMANCE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL JUDGMENT 1. Mr.Madhukar Deshpande, learned counsel for the appellants has filed a memo of retirement dated 30.01.2024 stating that he has handed over the entire file and has given NOC vakalath to the appellants and hence, - 3 - NC: 2025:KHC:3098 RFA No. 1706 of 2015 seeks permission to retire from the case. The appellant No.3 has acknowledged the receipt of the same. 2. This court by order dated 26.09.2024 had directed the office to issue court notice to the appellants. However, the notice issued to the appellants has returned as ‘no such persons’. 3. The appellants are neither present nor engaged the services of any other counsel. It appears that the appellants are not interested in prosecuting the case. Hence, the appeal is dismissed for non-prosecution. 4. In view of dismissal of appeal, pending I.As., if any, do not survive for consideration and accordingly, they are dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 29