- 1 - HC-KAR NC: 2025:KHC:37037 MSA No. 17 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA MISCELLANEOUS SECOND APPEAL NO. 17 OF 2017 (RO) BETWEEN: SRI BELLE ARAVINDA SHARMA S/O LATE VASANTHA SHARMA AGED ABOUT 34 YEARS R/O D.NO.4-30, PAVANJE VILLAGE, HALEYANGADY MANGALURU TALUK-575 002. …APPELLANT (BY SRI. BLLE ARAVINDA SHARMA, APPELLANT (ABSENT)) AND: 1. SRI VASU SALIAN S/O POOVAPPA SALIAN AGED ABOUT 59 YEARS R/AT PAVANJE VILLAGE, HALEYANGADY MANGALURU TQ. 2. SRI. SUKESH S/O DASU SALIAN AGED ABOUT 31 YEARS R/AT PAVANJE VILLAGE HALEYANGADY MANGALURU TQ. 3. SRI. ANANDA MOILY S/O LATE VASU MOILY Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37037 MSA No. 17 of 2017 AGED ABOUT 68 YEARS, R/AT D.NO.5-43, ODEYARABETTU BAPPANADU VILLAGE, MANGALURU TQ. - 575 002. …RESPONDENTS THIS MSA IS FILED UNDER ORDER 43 RULE 1(u) OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 28.11.2016 PASSED IN RA NO.91/2015 ON THE FILE OF THE ITINERATE SENIOR CIVIL JUDGE, MOODBIDRE, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 24.10.2013 PASSED IN OS NO.147/2011 ON THE FILE OF THE CIVIL JUDGE AND JMFC, MOODBIDRE, DECREED THE SUIT FOR PERMANENT INJUNCTION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT In view of the termination of the vakalath of earlier counsel, Court Notice came to be issued to the appellant. Court notice is served on the appellant. But the appellant did not chose to engage any advocate. - 3 - HC-KAR NC: 2025:KHC:37037 MSA No. 17 of 2017 As such, the appeal stands dismissed for non prosecution. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 1