- 1 - HC-KAR NC: 2026:KHC:7268 MFA No. 5990 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M MISCELLANEOUS FIRST APPEAL NO.5990 OF 2021 (CPC) BETWEEN: SRI. NICHOLAS M S/O LATE MARIYAPPA, AGED ABOUT 61 YEARS R/AT NO.87, DR. RAJKUMAR ROAD ST. THOMAS TOWN POST KAMMANAHALLI, BENGALURU - 560 084. …APPELLANT (BY SRI. A VIJAYA SAI, ADVOCATE - ABSENT) AND: SRI. MURUGAN S/O LATE CHINNAPPA AGED ABOUT 55 YEARS RESIDING AT NO.21, 7TH CROSS JAIBHARATHINAGAR BENGALURU - 560 033. …RESPONDENT (BY SRI. N S BHAT, ADVOCATE FOR C/R) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(r) OF THE CODE OF CIVIL PROCEDURE, 1908. THIS MISCELLANEOUS FIRST APPEAL IS LISTED FOR ADMISSION, THIS DAY, THE JUDGMENT IS DELIVERED AS UNDER: Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7268 MFA No. 5990 of 2021 ORAL JUDGMENT When the matter is called, there is no representation on behalf of the appellant. 2. The appeal was listed on 03.02.2026 and there was no representation on behalf of appellant. For appearance of counsel for appellant, it was ordered to be listed today i.e., 06.02.2026. As already noted above, there is no representation on behalf of appellant. It appears, the appellant is not interested in prosecuting the appeal. 3. Accordingly, the appeal is dismissed for non- prosecution. SD/- (JYOTI M) JUDGE SS List No.: 1 Sl No.: 28