- 1 - NC: 2025:KHC:13817 RSA No. 480 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO. 480 OF 2013 (DEC/INJ) BETWEEN: SYED FAZLULLA, S/O LATE SYED IBRAHIM, AGED ABOUT 47 YEARS, AGRICULTURIST & TIMBER MERCHANT, R/O N.T. ROAD, SHIMOGA CITY, SHIMOGA. …APPELLANT (BY SRI. MOHAMMED SIDDIQ, ADVOCATE (ABSENT)) AND: 1. MOHAMMED GHOUSE PEER, S/O SHEIK AHAMED, SINCE DECEASED BY HIS LRS, 1(A). HALEEMA BI W/O LATE MOHAMMED GHOUSE PEER AGED ABOUT 73 YEARS, R/O NEW MANDLI, SHIMOGA CITY. 1(B). JAREENA D/O LATE MOHAMMED GHOUSE PEER, AGED ABOUT 53 YEARS, W/O R. ABDUL SAMAD, LORRY OWNER R/O 1ST CROSS, NEAR AZAD MOSQUE, AZAD NAGAR, SAGAR. Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:13817 RSA No. 480 of 2013 1(C). SALMA, D/O LATE MOHAMMED GHOUSE PEER, AGED ABOUT 43 YEARS, W/O SYED USMAN R/O OPP. SAJEEDINA UMMER MOSQUE, KIRANI SHOP, BYEPASS ROAD, SHIMOGA CITY. 1(D). ASMA, D/O LATE MOHAMMED GHOUSE PEER, AGED ABOUT 42 YEARS, W/O AZEER AHMED MUSTAQI R/O FILES FITTER, SHARIFF COMPLEX, 1ST FLOOR, OPP. LAKSHMI COMPLEX, JURBANAKERI ROAD, SARVARKAR CIRCLE, LASHKAR MOHALLA, SHIVAMOGGA. 1(E). HOOR D/O LATE MOHAMMED GHOUSE PEER AGED ABOUT 41 YEARS, W/O ARIF, R/O NEAR HOLD BIG MOSQUE, ANWAR COLONY, BHADRAVATHI. 2. SANAULLA SHARIFF, S/O LATE MOHAMMED GHOUSE PEER, AGED ABOUT 47 YEARS, R/O NEW MANDLI, SHIMOGA CITY. 3. SAIFULLA SHARIFF, S/O LATE MOHAMMED GHOUSE PEER, AGED ABOUT 45 YEARS, R/O NEW MANDLI, SHIMOGA CITY. …RESPONDENTS (R1(E) - SERVED) - 3 - NC: 2025:KHC:13817 RSA No. 480 of 2013 THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 20.11.2012 PASSED IN R.A.NO.173/2010 ON THE FILE OF THE ADDL. DISTRICT JUDGE, SHIMOGA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 24.04.2010 PASSED IN OS.NO.232/1999 ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE AND CJM, SHIMOGA. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE RAVI V HOSMANI ORAL JUDGMENT None appears. 2. On 26.11.2024, matter was passed over and called again, there was no appearance. Adjournment was granted on payment of cost. 3. Even today, there is no appearance and cost is also not paid. This would indicate that appellant is not diligently pursuing appeal. Therefore, appeal is dismissed for non-prosecution. Sd/- (RAVI V HOSMANI) JUDGE AT List No.: 1 Sl No.: 8