- 1 - HC-KAR NC: 2025:KHC:53098 RSA No. 1812 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO REGULAR SECOND APPEAL NO. 1812 OF 2016 (PAR) BETWEEN: 1. SMT MUSTAR TAZ AGED ABOUT 38 YEARS, 2. SMT. KUSTAR TAZ AGED ABOUT 42 YEARS 3. SMT. KOWSAR TAZ AGED ABOUT 35 YEARS ALL ARE DAUGHTERS OF LATE MOHAMMED ELIAZ AND RESIDENTS OF KENDATTI MADIWALA VILLAGE, VOKKALERI HOBLI, KOLAR TALUK. …APPELLANTS (BY SRI. VIVEKANANDA T P., ADVOCATE) AND: 1. SMT JOWHAR TAZ AGED ABOUT 51 YEARS D/O LATE MOHAMMED ELIAZ 2. MOHAMMED ARIF AGED ABOUT 48 YEARS S/O LATEL MOHAMMED ELIAZ Digitally signed by VIJAYALAKSHMI B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53098 RSA No. 1812 of 2016 3. SMT. GOWHAR TAZ AGED ABOUT 45 YEAWRS D/O LATE MOHAMMED ELIAZ 4. MOHAMMED ZABIR AGED ABOUT 42 YEARS S/O LATE MOHAMMED ELIAZ 5. RIYAZ AHMED @ RAFIQ AHMED AGED ABOUT 47 YEARS 6. SMT. SHARFUNNISSA AGED ABOUT 65 YEARS W/O LATE MOHAMMED ELIAZ ALL ARE RESIDENTS OF KENDATTI MADIWALA VILLAGE, VOKKALERI HOBLI, ARABIKOTHANUR POST, KOLAR DISTRICT-563130. …RESPONDENTS (R2, R4 AND R6 ARE SERVED AND UNREPRESENTED) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 23.01.2016 PASSED IN RA NO.36/2011 ON THE FILE OF THE I ADDL. DISTRICT AND SESSIONS JUDGE, KOLAR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 04.01.2011 PASSED IN OS NO.419/2006 ON THE FILE OF THE II ADDL. CIVIL JUDGE (SR.DN.), KOLAR. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:53098 RSA No. 1812 of 2016 CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO ORAL JUDGMENT Learned counsel for the appellants present. 2. Sri.T P Vivekananda, learned counsel for the appellants has filed a memo for retirement stating that notice sent to appellant No.1 has been served on her brother and notice issued to appellant Nos.2 and 3 has been returned with a postal shara 'refused'. 3. In view of the above, Sri.T P Vivekananda, learned counsel appearing for the appellants is permitted to retire. 4. Though notice was issued to the appellants, they did not choose to appear before this Court. Hence, this appeal is dismissed for non-prosecution. Sd/- (DR.K.MANMADHA RAO) JUDGE GSR List No.: 1 Sl No.: 4