- 1 - HC-KAR NC: 2025:KHC:48151 RFA No. 1191 of 2008 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR FIRST APPEAL NO. 1191 OF 2008 (DEC) BETWEEN: 1. SRI K M MOHAMMED AKBAR S/O SRI MOHIDDEN SAB AGED ABOUT 52 YEARS R/A NO.11, 5TH CROSS ROAD KEMPAIAH BLOCK, J.C.NAGAR, MUNIREDDYPALYA, BANGALORE - 560 006 …APPELLANT (BY SRI. K.M. MOHAMMED AKBAR, ADVOCATE - ABSENT SERVICE OF COURT NOTICE ISSUED IS HELD SUFFICIENT) AND: 1. SRI M B RAMACHANDRAN S/O SRI BYRAPPA SINCE DEAD BY HIS LRS 1A. MT. M. HEMALATHA W/O.LATE M.B. RAMACHANDRAN AGED ABOUT 74 YEARS RESIDING AT NO.55, NANDIDURGA ROAD, BENGALURU - 560 046. 1B. SRI. R. PRAVEEN S/O.LATE M.B.RAMACHANDRAN AGED ABOUT 52 YEARS RESIDING AT NO.55. NANDIDURGA ROAD BENGALURU - 560 046. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:48151 RFA No. 1191 of 2008 1C. SMT. PAVITHRA.R D/O.LATE M.B.RAMACHANDRAN W/O. Y. SURENDRA AGED ABOUT 55 YEARS RESIDING AT NO.55, NANDIDURGA ROAD, BENGALURU - 560 046. ALSO AT NO.33, 13TH CROSS AECS LAYOUT, SANJAY NAGAR. BENGALURU - 560 094. 1D. SMT. PALLAVI.R D/O.LATE M.B.RAMACHANDRAN AGED ABOUT 50 YEARS R/AT NO.55, NANDIDURGA ROAD, BENGALURU - 560 046. …RESPONDENTS (BY SRI. H.R. ANANTHAKRISHNA MURTHY, ADV. FOR R1(A TO D)) THIS RFA IS FILED U/S 96 OF THE CPC AGAINST THE JUDGEMENT AND DECREE DATED 29.07.2008 PASSED IN OS.NO. 10831/1997 ON THE FILE OF THE XXVIII ADDL. CITY CIVIL JUDGE, MAYOHALL UNIT, BANGALORE, DISMISSING THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 3 - HC-KAR NC: 2025:KHC:48151 RFA No. 1191 of 2008 ORAL JUDGMENT On retirement of counsel for the appellant Sri. Mohammed Nasiruddin, this Court by way of abundant caution issued Court Notice. Court Notice has been served on the appellant as per the Process Server's report. Appellant is called out. Absent. Left with no alternative, appeal stands dismissed for non prosecution. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 16 CT-SG