- 1 - HC-KAR NC: 2026:KHC:13416 RSA NO.1933 OF 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH REGULAR SECOND APPEAL NO.1933 OF 2015 (PAR) BETWEEN: 1. MOHAMED KHAYUM S/O LATE DAWOOD SAB. AGED ABOUT 61 YEARS, BUSINESSMAN. MARKET ROAD. SAGAR. 2. MOHAMMED SHABBIR S/O LATE DAWOOD SAB, AGED ABOUT 59 YEARS, SHIVAMOGGA ROAD, HOSNAGAR TOWN. 3. SMT. FAIMUNNISA D/O LATE DAWOOD SAB, AGED ABOUT 59 YEARS, HOUSE WIFE, RAMANAGAR, BENGALURU. 4. SMT. NADIA BEGAUM D/O LATE DAWOOD SAB, W/O RASHEED KHAN, AGED ABOUT 51 YEARS, HOUSEWIFE, TYAGARTHI VILLAGE, SAGAR TALUK. …APPELLANTS (BY SRI. MAHAMAD TAHIR A., ADVOCATE) Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13416 RSA NO.1933 OF 2015 AND: 1. MOHAMMED RASHEED S/O LATE DAWOOD SAB, AGED ABOUT 62 YEARS, MECHANIC, SGMT COMPANY, MARKET ROAD, SAGAR TOWN. 2. MOHAMMED KHALAK S/O LATE DAWOOD SAB, AGED ABOUT 56 YEARS, AUTO DRIVER, RAMANAGAR EXTENSION, SAGAR TOWN. 3. MOHAMMED KHALEEL SINCE DEAD, BY LRS. 3(a). SMT. SHAMIMBANU W/O MOHAMMED KHALEEL, AGE: MAJOR. 3(b). SMT. FOUZIA D/O MOHAMMED KHALEEL, AGE: MAJOR. 3(c). SRI. SUHEB S/O MOHAMMED KHALEEL, AGE: MAJOR. 3(d). SMT. FAZIYA D/O MOHAMMED KHALEEL, AGE: MAJOR. RESPONDENTS 3(a) TO 3(d) ARE R/AT NEAR SHANKAR RICE MILL, NEAR BYPASS ROAD, NEW MANDI, SHIVAMOGGA. - 3 - HC-KAR NC: 2026:KHC:13416 RSA NO.1933 OF 2015 4. MOHAMMED SAHIL S/O LATE DAWOOD SAB, AGED ABOUT 46 YEARS, LEMON VENDOR, 5TH CROSS, JANNATH NAGAR, SAGAR TOWN. 5. SHAFIZA BI SINCE DEAD, BY LRS. LRS ARE ALREADY ON RECORD I.E., APPELLANTS 1 TO 4 AND RESPONDENTS 1 TO 4 AND 6 & 7) 6. MOHAMMED MUNAWAR S/O LATE DAWOOD SAB, AGED ABOUT 45 YEARS, AUTO DIRVER, JANNATH NAGAR 3RD CROSS, SAGAR TOWN. 7. MOHAMMED SALEEM S/O LATE DAWOOD SAB, AGED ABOUT 44 YEARS, MEDICAL REPRESENTIVE, MURDA NAGAR, 1ST CROSS, O.T. ROAD, SHIVAMOGGA. …RESPONDENTS (BY SRI. HARISH KUMAR M.S., ADVOCATE FOR R1) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE AGAINST THE JUDGMENT AND DECREE DATED 03RD OCTOBER, 2015 PASSED IN REGULAR APPEAL NO.118 OF 2008 ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE, SHIVAMOGGA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 07TH NOVEMBER, 2008 PASSED IN ORIGINAL SUIT NO.145 OF 2003 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE (SR.DN.) AND JMFC., SAGAR. - 4 - HC-KAR NC: 2026:KHC:13416 RSA NO.1933 OF 2015 THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL JUDGMENT This Court, by order dated 06th February, 2026 passed the following: "ORAL ORDER Case called twice. None appears for the appellants. Finally, one week time is granted to take steps, failing which, the appeal shall be listed for dismissal. Re-list the appeal on 13.02.2026." 2. Though the aforesaid peremptory order has been passed by this Court, appellants have not complied with the order, which makes its clear that the appellants are not interested to pursue the appeal. 3. Accordingly, Regular Second Appeal is dismissed for non-prosecution. SD/- (E.S.INDIRESH) JUDGE ARK List No.: 1 Sl No.: 6