- 1 - HC-KAR NC: 2025:KHC:21159 RFA No. 1955 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 1955 OF 2017 (DEC/INJ) BETWEEN: SRI. SONNAPPA S/O LATE DYAVAPPA, R/O NO.275/1, RAM MANDIR ROAD, KODIGEHALLI, SAHAKARI NAGAR POST, BENGALURU-560 092. …APPELLANT (BY SRI. PRASAD HEGDE.K., ADVOCATE [ABSENT]) AND: 1. SRI. J.CHANDANMAL S/O JAWAHARMAL, AGED 60 YEARS, R/AT NO.8, 'SAI NIVAS', R.M.V. II STAGE, CHANNAMMA CHOULTRY ROAD, BENGALURU-560 094. 2. SRI.A.JOSEPH S/O APPASWAMY, AGED ABOUT 41 YEARS, R/O NO.489, CHINMAYA MISSION HOSPITAL ROAD, BEHIND AMARJYOTHI NURSING HOME, INDIRANAGAR 1ST STAGE, BENGALURU-560 038. 3. SRI.JAYARAM S/O LATE PUTTANANJAPPA, R/O NO.24/1, 3RD TEMPLE STREET, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21159 RFA No. 1955 of 2017 MALLESWARAM, BENGALURU-560 003. 4. D.MUNIRAJU S/O LATE DYAVAPPA, AGED ABOUT 47 YEARS, R/O NO.275/1, RAM MANDIR ROAD, KODIHALLI, SAHAKARI NAGAR POST, BANGALORE-92. 5. MR. P.CHANDRADASS S/O LATE S.G.POOSWAMY, MAJOR, R/O NO.241, 9TH MAIN, II CROSS, MATHIKERE EXTENSION, BENGALURU-560 064. 6. SRI.B.SRINIVASALU S/O LATE HANUMANTHAPPA, MAJOR, R/O NO.81, KAMALA NILAYA, 11TH CROSS, GOKUL I BLOCK, NEAR LCR SCHOOL, MATHIKERE, BENGALURU-560 054. 7. SRI.V.NALLASWAMY AS/O C.VEERANAN, MAJOR, WORKING AS SCIENTIST MTRDC, DRDO, BE COMPLEX, JALAHALLI POST, BENGALURU-560 013. R/O NO.C-2, CHENNAKESHWARA NILAYA, KRISHNA TEMPLE ROAD, DODDABOMMASANDRA, VIDHYARANYAPURA, BENGALURU-560 097. 8. SRI.SREEDHAR K.S. S/O K.S.BABU, MAJOR, R/O NO.25, SRI SHANKARA NILAYA, 6TH MAIN, II STAGE, POSTAL COLONY, SANJAY NAGAR, BENGALURU-560 094. - 3 - HC-KAR NC: 2025:KHC:21159 RFA No. 1955 of 2017 9. SRI.K.P.SHIVARAJ S/O SRI.PUTTASIDDAIAH, MAJOR, R/O. NO.13, I MAIN ROAD, 10TH CROSS, LOTTEGOLLAHALLI, BENGALURU-560 094. 10. SMT.G.R.POORNIMA W/O K.ANANDA KUMAR, MAJOR, KADUR VILLAGE, MAGADI TALUK, BENGALURU RURAL DISTRICT. 11. SMT.ANITHA W/O LOKESH.K.R., R/O NO.B-677, NEW HOUSING COLONY, INDIAN INSTITUTE OF SCIENCE, BENGALURU-560 012. 12. SRI.S.SREENIVASA RAO S/O LATE S.V.SUBBAIAH, MAJOR, R/O NO.2, MARUTHINIVAS, PUTTAANJANAPPA LAYOUT, VIDHYARANYAPURA POST, BENGLAURU-560 097. 13. SMT.S.SHILAJA W/O S.SREENIVASA RAO, MAJOR, R/O NO.2, MARUTHINIVAS, PUTTAANJANAPPA LAYOUT, VIDHYARANYAPURA POST, BENGALURU-560 097. 14. SRI.G.N.NARASIMHAMURTHY S/O NARASIMHAPPA, MAJOR, R/O NO.20/3, 2ND CROSS, DODDAMMA LAYOUT, MANORAYANA PALYA, RT NAGAR, BENGALURU-560 042. - 4 - HC-KAR NC: 2025:KHC:21159 RFA No. 1955 of 2017 15. SRI.N.CHANDRA S/O CHINNAPPA REDDY, MAJOR, R/O NO.41, 1ST FLOOR, SHIVACHANDRA NILAYA, TEMPLE ROAD, MALLESHWARAM, BENGALURU-560 003. 16. SMT.C.R.VEDAVATHI W/O SRI. RAMACHANDRA NAIDU, MAJOR, NO.36, NEW KRISHNA TEMPLE ROAD, DODDABOMMASANDRA, VIDHYARANYAPURA, BENGALURU-560 097. 17. SRI.B.L.NARENDRA PRASAD S/O LATE C.V.L. SHASTHRY, AGED MAJOR, R/AT NO.29/A, 9TH MAIN, R.M.V. EXTENSION, SADASHIVANAGAR, BANGALORE-560 080. 18. SMT.CARLIN JOSEPH, W/O LATE A.JOSEPH AGED 56 YEARS, 19. SRI.ANAND JOSEPH S/O LATE A.JOSPH AGED MAJOR, 20. SMT.SELVI WILLIAM W/O V.J.WILLIAM, AGED 36 YEARS, 21. SMT.ANITHA PARANTHAMAN W/O PARANTHAMAN, AGED 33 YEARS, 22. SRI.J.KARUNAKARAN S/O LATE A.JOSEPH, - 5 - HC-KAR NC: 2025:KHC:21159 RFA No. 1955 of 2017 AGED 32 YEARS, 23. SRI.J.RAJENDRA PRASAD S/O LATE A.JOSEPH, AGED 28 YEARS, RESPONDENT NO. 18 TO 23 R/AT NO.489, CMH ROAD, 1ST STAGE, INDIRANAGAR, BENGALURU-560 008. 24. SRI S.RAVISH S/O LATE VENKATEGOWDA, AGED 50 YEARS, 25. SRI.M.A. GIRISH S/O LATE ANANDA, RESPONDENT NO. 24 & 25 ARE R/AT VADERAHALLI, VIDYARANYAPURA POST, BENGALURU NORTH TALUK, ALSO R/AT NO.19, 7TH CROSS, KABEER ASHRAMA ROAD, DODDABOMMASANDRA MAIN ROAD, BENGALURU-560 097. 26. SRI.K.Y.NARAYANA S/O K.SANJEVA RAO, AGED 50 YEARS, 27. SMT.K.ANNAPORNA W/O K.Y.NARAYANA, AGED 42 YEARS, RESPONDENT NO. 26 & 27 ARE R/AT NO.937, 1ST MAIN ROAD, 4TH CROSS, K.N.EXTENSION, YESHWANTHAPURA, BENGALURU-560 022. PRESENTLY R/AT 1058/5, 'NADUVANA MANE' 4TH CROSS, 2ND MAIN ROAD, K.N.EXTENSION, - 6 - HC-KAR NC: 2025:KHC:21159 RFA No. 1955 of 2017 YESHWANTHAPURA, BENGALURU-560 022. …RESPONDENTS (BY SRI. MANJUNATH.B.S., ADVOCATE FOR R1; SRI. MALLIKARJUN., ADVOCATE FOR SRI. A.SAMPATH., ADVOCATE FOR R5, 7, 8, 10, 11, 12 & 15; SRI. B.C.SREERAMAREDDY., ADVOCATE FOR R25; R3, 4, 17, 19 TO 24, 26 & 27-SERVED AND UNREPRESENTED; R2 IS DELETED & 19 & 20 ARE TREATED AS LR'S OF DECEASED R18- V/O DATED: 10.09.2024) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 READ WITH ORDER XLI RULE 1 OF CPC. THIS REGULAR FIRST APPEAL IS LISTED FOR DISMISSAL, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER When the case is called, the appellant is not represented. 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 daily order sheet, the appeal was listed on 10.06.2025, on that day, when the case was called, there was no representation on behalf of the appellant. Hence, it was ordered to be listed on 19.06.2025 under the caption ‘for dismissal'. - 7 - HC-KAR NC: 2025:KHC:21159 RFA No. 1955 of 2017 The appeal is listed today under the caption ‘for dismissal'. As already noted above, when the case is called, the appellant is not represented. It appears that the appellant is 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 MRP List No.: 1 Sl No.: 38