- 1 - HC-KAR NC: 2026:KHC:8272 MFA No. 2091 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M MISCELLANEOUS FIRST APPEAL NO.2091 OF 2017 (CPC) BETWEEN: 1. SRI. SHIVANNA S/O LATE PAVARTHAIAH AGED ABOUT 79 YEARS R/A KUDUREGERE VILLAGE ALUR POST, DASANAPURA HOBLI, BENGALURU NORTH TALUK-562163. ALSO R/AT NO.418, 12TH MAIN 1ST BLOCK, 3RD STAGE MANJUNATHA NAGARA WEST OF CHORD ROAD BENGALURU-560010. 2. SRI SHIVARUDRAPPA S/O LATE PAVARTHAIAH AGED ABOUT 77 YEARS R/A KUDUREGERE VILLAGE ALUR POST, DASANAPURA HOBLI, BENGALURU NORTH TALUK-562163. …APPELLANTS (BY SRI. M PRABHAKAR, ADVOCATE - ABSENT) AND: 1. SRI. SIDDALINGAPPA S/O LATE PAVARTHAIAH AGED ABOUT 73 YEARS R/A KURUDEGERE VILLAGE ALUR POST, DASANAPURA HOBLI, BENGALURU NORTH TALUK-562163. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8272 MFA No. 2091 of 2017 2. SMT K C SUSHILA W/O K M SHIVANNA AGED ABOUT 61 YEARS R/A NO.27/2, 3RD CROSS 6TH MAIN ROAD MATHIKERE LAYOUT BENGALURU-560054 3. SMT NAGARATHNAMMA W/O C CHIKKERAPPA AGED ABOUT 63 YEARS R/A NO.1783, 9TH CROSS 6TH MAIN ROAD, RPC LAYOUT HAMPINAGARA BENGALURU-560040 4. SMT B POORNIMA W/O SADANANDAPPA @ M SADASHIVAPPA AGED ABOUT 60 YEARS R/AT RASHMI NILAYA, NO.13 3RD CROSS, K R ROAD, 7TH BLOCK WEST JAYANAGAR, BENGALURU-560011 5. SRI B R RAMACHANDRAPPA S/O LATE RANGAPPA AGED ABOUT 68 YEARS R/A NO.353, 8TH A CROSS KAMALA NEHARU LAYOUT YESHWANTHPURA BENGALURU-560022 …RESPONDENTS (BY SRI. HARSHA D JOSHI, ADVOCATE FOR R1; SRI. HAREESH BHANDARY T., ADVOCATE FOR R2 TO R5) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(r) OF THE CODE OF CIVIL PROCEDURE. - 3 - HC-KAR NC: 2026:KHC:8272 MFA No. 2091 of 2017 THIS MISCELLANEOUS FIRST APPEAL IS LISTED FOR ORDERS, THIS DAY, THE JUDGMENT IS DELIVERED AS UNDER: ORAL JUDGMENT Though matter called twice, there is no representation on behalf of the appellants, either personally or through video conferencing. Sri.Hareesh Bhandary T., counsel for respondent Nos.2 to 5 appeared in person. 2. As could be seen from the daily order sheet, the appeal was listed on 09.02.2026, on that day, there was no representation on behalf of the appellants. Hence, for appearance of counsel for the appellants it was ordered to be listed on 11.02.2026 and it was also made clear that if none appears for the appellants on the next date of hearing, the appeal would be dismissed for non- prosecution. - 4 - HC-KAR NC: 2026:KHC:8272 MFA No. 2091 of 2017 3. As already noted above, though matter called twice, there is no representation on behalf of the appellants, either personally or through video conferencing. It appears that the appellants are not interested in prosecuting the appeal. Hence, the appeal is dismissed for non-prosecution. SD/- (JYOTI M) JUDGE SS List No.: 1 Sl No.: 22