- 1 - HC-KAR NC: 2025:KHC:31357 RFA No. 329 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR FIRST APPEAL NO.329 OF 2023 (PAR) BETWEEN: ABDUL SALEEM S/O LATE ABDUL SALAM, AGED ABOUT 42 YEARS, R/AT NO.303, SUBAIN ENCLAVE, HENNUR MAIN ROAD, BANGALORE-560043. …APPELLANT (BY SRI. SYED KHALEEL PASHA, ADVOCATE (ABSENT)) AND: 1. NOOR MOHAMMED S/O LATE ABDUL SALAM, AGED ABOUT 65 YEARS, R/A NO.7, 1ST MAIN, 1ST CROSS, RMV EXTN., ASHWATH NAGAR, (OLD GEDDALAHALLI VILLAGE) BANGALORE-560094. 2. ANSAR PASHA S/O LATE PYAREJAN & FATHIMA BEGUM, GRAND SON OF LATE SHRI ABDUL SALAM, AGED ABOUT 49 YEARS, NO.4, ABHUMANYU PRATAP SONY, DRDO 2ND STAGE, B NARAYAPURA, ANKA REDDY LAYOUT, BANGALORE-560016. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31357 RFA No. 329 of 2023 3. TABASSUM S/O LATE PYAREJAN & FATHIMA BEGUM, GRANDDAUGHTER OF LATE SHRI ABDUL SALAM, W/O SRI NAZER PASHA, C/O ANSAR PASHA, AGED ABOUT 54 YEARS, NO.4, ABHUMANYU PRATAP SONY, DRDO 2ND STAGE, B NARAYAPURA, ANKA REDDY LAYOUT, BANGALORE-560016. 4. ABDUL SUBHAN S/O LATE ABDUL SALAM, AGED ABOUT 61 YEARS, NO.659, 1ST FLOOR, 1ST STAGE, 3RD MAIN, KENGERI, SATELITE TOWN, BANGALORE-560032. 5. ABDUL FAZLU S/O LATE ABDUL SALAM, AGED ABOUT 56 YEARS, NO.B 1/701, SARA CITY, CHAKAN TALGAON ROAD, KHARWADI, TALKHED, PUNE-401501. …RESPONDENTS THIS RFA IS FILED UNDER SECTION 96 OF CPC, SET ASIDE THE IMPUGNED JUDGMENT AND DECREE DATED 27-09-2019 PASSED IN O.S.NO.6525/2017 BY THE HON’BLE XXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE. THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA - 3 - HC-KAR NC: 2025:KHC:31357 RFA No. 329 of 2023 ORAL JUDGMENT The matter was listed on 28.07.2025. There was no representation on behalf of the appellant neither the office objections were rectified. Noting the absence of the appellant, directed to list the matter under the caption ‘dismissal’. 2. Even today (13/08/2025), there is no representation on behalf of the appellant. The matter is of the year 2023. It appears that the appellant is not interested in prosecuting the appeal. This Court has no option than to dismiss the appeal for non-prosecution. Accordingly, the appeal stands dismissed for non- prosecution. Sd/- _____________________ JUSTICE K.S. HEMALEKHA MBM List No.: 1 Sl No.: 52