- 1 - NC: 2024:KHC-D:11458 RFA No. 100093 of 2017 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF AUGUST, 2024 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 100093 OF 2017(PAR/POS) BETWEEN: 1. 1A. SMT. MEHABOOBI W/O. RASOOL JAMADAR, SINCE DECEASED BY HER LR’S, SMT. SHAHANAJBI SALEEM WANTAMURE, AGE: 35 YEARS, OCC: HOUSEHOLD WORK, R/O: C/O. SALEEM BABURAO WANTAMURE @ KHAN, LAXMIPURI, INFRONT OF HARIHAR HIGH SCHOOL, KOLHAPUR- MAHARASTRA STATE. 2. SHRI. GULAB RASOOL JAMADAR, AGE: 53 YEARS, OCC: AGRICULTURE, R/O: MAMADAPUR, K.L.TALUKA CHIKODI, DIST: BELAGAVI. 3. SHRI. SHIKANDAR RASOOL JAMADAR, AGE: 45 YEARS, OCC: AGRICULTURE, R/O: MAMADAPUR, K.L.TALUKA CHIKODI, DIST: BELAGAVI. 4. SHRI. RASHEED RASOOL JAMADAR AGE: 42 YEARS, OCC: AGRICULTURE, R/O: MAMADAPUR, K.L.TALUKA CHIKODI, DIST: BELAGAVI. …APPELLANTS (BY SRI. SHAFIAHAMAD.B.SHAIK., ADVOCATE [ABSENT]) Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2024:KHC-D:11458 RFA No. 100093 of 2017 AND: 1. SHRI. BADASHA BALU JAMADAR AGE: 70 YEARS, OCC: AGRICULTURE, R/O: MAMADAPUR, K.L.TALUKA CHIKODI, DIST: BELAGAVI. 2. SHRI. APPASAHEB BALU JAMADAR, AGE: 64 YEARS, OCC: AGRICULTURE, R/O: MAMADAPUR, K.L.TALUKA CHIKODI, DIST: BELAGAVI. …RESPONDENTS (R1 AND R2- SERVED AND UNREPRESENTED) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CODE OF CIVIL PROCEDURE, 1908. THIS REGULAR FIRST APPEAL IS LISTED FOR DISMISSAL, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER When the matter is called, there is no representation on behalf of the appellants, either personally or through video conferencing. As could be seen from the daily order sheet, the appeal was listed on 09.08.2024, on that day, when the matter was called, there was no representation on behalf of the appellants, either personally or through video conferencing. Hence, the office was directed to list this matter under the caption ‘for dismissal’ on 12.08.2024. - 3 - NC: 2024:KHC-D:11458 RFA No. 100093 of 2017 The appeal is listed today under the caption ‘for dismissal’. As could be seen from the appeal papers, the appeal is filed in the year 2017. Now we are in the month of August 2024. The appeal is pending for almost seven years. As already noted above, when the matter is called, today also there is no representation on behalf of the appellants, either personally or through video conferencing. It appears that the appellants are not interested in prosecuting the appeal. Hence, the Regular First Appeal is dismissed for non- prosecution. Sd/- (JYOTI MULIMANI) JUDGE MRP, TKN List No.: 3 Sl No.: 13