- 1 - HC-KAR NC: 2025:KHC:44754 MSA No. 109 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA MISCELLANEOUS SECOND APPEAL NO. 109 OF 2024 (RO) BETWEEN: SRI. N. GOPALAIAH, S/O LATE RANGE GOWDA, AGED ABOUT 80 YEARS, R/AT 9/1, "GANGOTHRI", 60 FEET ROAD, S V LAYOUT, RMV 2ND STAGE, BANGALORE-560094 …APPELLANT (BY SRI. JEEVAN S.N., ADVOCATE FOR SRI. SHIVAKUMAR .N., ADVOCATE) AND: 1. SRI. LAKSHMINARASIMHA MURTHY, S/O. LATE VENKATARAMAIAH, AGED ABOUT 72 YEARS, R/AT SADENAHALLI VILLAGE, HESARAGHATTA HOBLI, BANGALORE NORTH TALUK - 560 088 2. SRI. P VENUGOPAL S/O LATE PADMANABHAIAH AGED ABOUT 53 YEARS, R/AT NO. 918, 25TH MAIN , 5TH CROSS, BTM LAYOUT, H STAGE, BANGALORE 560 076 3. SRI. P MANU BHARADWAJ S/O P LATE PADMANABHAIAH AGED ABOUT 35 YEARS, R/AT NO.220, RAGHVENDRA NILAYA 7TH A MAIN, RPC LAYOUT, HAMPI NAGAR, VIJAY NAGAR, 2ND STAGE, BANGALORE 560 040. Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:44754 MSA No. 109 of 2024 4. SMT. KAVITHA D/O LATE PADMANABAIAH AGED ABOUT 52 YEARS, R/AT NO. 192, 4TH CROSS, R R LAYOUT, OPP TO BANNERGHATTA ROAD, BANGALORE 560 076 5. SMT. MAMATHA D/O LATE PADMANABHAIAH AGED ABOUT 50 YEARS, R/AT NO.220, RAGHAVENDRA NILAYA, 7TH A MAIN RPC LAYOUT, HAMPI NAGAR, VIJAYANAGAR, 2ND STAGE, BANGALORE 560 040 6. SRI. U V KRISHNAMURTHY S/O U VITTHAL DAS BHAT, AGED ABOUT 71 YEARS, PROPRIETOR OF HOTEL ANNAPURNA CITY MARKET CHOWKA KALASIPALYAM, BANGALORE - 560 002 …RESPONDENTS THIS MSA IS FILED UNDER ORDER 43 RULE 1(U) OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 31.07.2024 PASSED IN RA NO.15045/2022 ON THE FILE OF V ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL SITTING AT DEVANAHALLI, ALLOWING THE APPEAL AND FILED AGAINST THE ORDER DATED 13.04.2022 PASSED ON IA NO. IV IN OS NO.608/2015 ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI, ALLOWING THE IA NO. 4 FILED U/O 7 RULE 11(A) AND (D) R/W SEC. 151 OF CPC AND THE MATTER IS REMANDED BACK TO TRIAL COURT TO RECORD THE EVIDENCE, HEAR THE ARGUMENTS AND DISPOSE OFF THE CASE ON MERITS. THIS MSA, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA - 3 - HC-KAR NC: 2025:KHC:44754 MSA No. 109 of 2024 ORAL JUDGMENT Learned counsel for the appellant prays for time to comply with the office objections. 2. Order sheet dated 15.10.2025 reads as under: "Learned counsel for the appellant prays for time. Office has raised 7 objections, the same is not complied even though the matter is list for non- compliance of office objections for fifth time. I do not find any reason to adjourn the matter. However, to afford final opportunity, as a last chance, list this matter on 05.11.2025." 3. The appeal is of the year 2024. The matter is listed for fifth time for compliance of office objections. Still, there is no progress in the matter. It appears that the appellant is not interested in prosecuting the matter. 4. Hence, the appeal is dismissed for default i.e., for non-prosecution. Sd/- (M G UMA) JUDGE PNV - CT:VS - List No.: 1 Sl No.: 10