- 1 - HC-KAR NC: 2026:KHC:8130-DB RFA No. 641 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH REGULAR FIRST APPEAL NO. 641 OF 2017 (SP) BETWEEN: 1. SRI. M T SRINIVAS S/O LATE THIMMAIAH AGED ABOUT 53 YEARS OCC: BUSINESS NO.5, 18TH MAIN ROAD NEAR KURUBARAHALLI J.C. NAGAR BANGALORE – 560 086. …APPELLANT (BY SRI. RAJASHEKAR M, ADVOCATE)(ABSENT) AND: 1. SRI. N SRINIVASAN S/O LATE K. NARAYAAPPA AGED ABOUT 39 YEARS OCC: BUSINESS RESIDING AT NO.12B ”B” CROSS ROAD Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8130-DB RFA No. 641 of 2017 NEW KALLAPPA BLOCK RAMACHANDRAPURAM BANGALORE – 560 021. 2. SMT. CHIKKATHAYAMMA W/O. B.V. THAMMANNA AGED ABOUT 46 YEARS OCC: HOUSE WIFE R/A NO.1, 50 FEET ROAD CHOWDESHWARINAGAR LAGGERE BANGALORE – 560 058. SINCE DECEASED REPRESENTED BY LR’S – R3 & R4 3. SMT. NANDINI T D/O B.V. THAMMANNA AGED ABOUT 25 YEARS OCC: HOUSE WIFE R/A NO.1, 50 FEET ROAD CHOWDESHWARINAGAR LAGGERE BANGALORE – 560 058. 4. KUM PUTTI T @ LAKSHMI D/O B V THAMMANNA AGED ABOUT 23 YEARS R/A NO.1, 50 FEET RAOD CHOWDESHWARINAGAR LAGGERE BANGALORE – 560 058. 5. SRI. K.S. RUDRESH - 3 - HC-KAR NC: 2026:KHC:8130-DB RFA No. 641 of 2017 S/O SHIVANNA AGED ABOUT 40 YEARS OCC: BUSINESS R/A NO.104 18TH MAIN ROAD J.C. NAGAR BANGALORE – 560 086. …RESPONDENTS (BY SRI. MAHABALESHWARA RAO K.N, ADVOCATE SRI. HARISH KUMAR M.S, ADVOCATE FOR R3 & R4; R3 & R4 ARE TREATED AS LRS OF DECEASED R2 – V/O DATED 28/2/24; R5 IS SERVED AND UNREPRESENTED) THIS RFA IS FILED UNDER SEC.96 R/W ORDER XLI RULE 1 OF CPC,1908 AGAINST THE JUDGMENT AND DECREE DATED 02.03.2017 PASSED IN O.S.NO.7966/2011 ON THE FILE OF THE LIX ADDL. CITY CIVIL AND SESSIONS JUDGE AND C/C OF X ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE CITY AND ETC., THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH - 4 - HC-KAR NC: 2026:KHC:8130-DB RFA No. 641 of 2017 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) Despite the appeal having been taken up in the revised call, none appears for the appellant. Therefore, we have no option, but to dismiss this appeal for non-prosecution. Sd/- (D K SINGH) JUDGE Sd/- (S RACHAIAH) JUDGE UN List No.: 1 Sl No.: 14