- 1 - HC-KAR NC: 2026:KHC:25763 RFA No. 359 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR REGULAR FIRST APPEAL NO. 359 OF 2020 (INJ) BETWEEN: 1. G.NARASIMHA MURTHY S/O LATE G GOVINDASWAMY AGED ABOUT 58 YEARS No.6/15, MAVALLI TANK BUND ROAD CROSS RAJAGOPAL GARDEN BANGALORE-560 002. 2. G VINAYAKA MURTHY S/O LATE G GOVINDASWAMY AGED ABOUT 51 YEARS No.6/15, MAVALLI TANK BUND ROAD CROSS RAJAGOPAL GARDEN BANGALORE-560 002. 3. G VASANTHI W/O LATE G GOPI AGED ABOUT 45 YEARS RESIDING AT C/O G NARASIMHA MURTHY No.6/15, MAVALLI TANK BUND ROAD CROSS, RAJAGOPAL GARDEN BANGALORE-560 002. 4. MONESH S/O LATE G GOPI AGED ABOUT 18 YEARS RESIDING AT C/O G NARASIMHA MURTHY No.6/15, MAVALLI TANK BUND ROAD CROSS RAJAGOPAL GARDEN BANGALORE-560 002. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25763 RFA No. 359 of 2020 5. KABALESH S/O LATE G GOPI AGED ABOUT 16 YEARS SINCE MINOR REPRESENTED BY HIS MOTHER SMT. G VASANTHI RESIDING AT C/O G NARASIMHA MURTHY No.6/15, MAVALLI TANK BUND ROAD CROSS, RAJAGOPAL GARDEN BANGALORE-560 002. 6. G KALAVATHI D/O LATE G GOVINDASWAMY AGED ABOUT 55 YEARS C/O G NARASIMHA MURTHY NO.6/15, MAVALLI TANK BUND ROAD CROSS, RAJAGOPAL GARDEN BANGALORE-560 002. …APPELLANTS (APEELANT Nos. 1 TO 6 ARE ABSENT) AND: 1. ALAMBADI ELUMALAI SON OF NOT KNOWN TO THE APPELLANTS MAJOR BY AGE, No.91 RAJAGOPALA GARDEN KALASIPALYAM BANGALORE-560 002. 2. SMT. VIJAYA MAJOR BY AGE W/O ELUMALAI @ SATHYA @ ALAMBADI ELUMALAI No.146, OLD No.97/B 1ST STAGE SLUM RAJAGOPALA GARDEN BANGALORE-560 002. …RESPONDENTS (BY SMT. T R RAJESHWARI, ADVOCATE FOR R1 AND R2) - 3 - HC-KAR NC: 2026:KHC:25763 RFA No. 359 of 2020 THIS RFA IS FILED UNDER ORDER XLI RULE 1 READ WITH SECTION 96 OF CPC 1908 AGAINST THE JUDGMENT AND DECREE DATED 29.05.2019 PASSED IN O.S.No.5813/2008 ON THE FILE OF THE III ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU. THIS APPEAL, COMING ON FOR FURTHER ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT Learned counsel for respondent Nos.1 and 2 present. Appellants absent. 2. Learned counsel for the appellants has been permitted to retire as per order dated 04.06.2025. Prior to filing of retirement memo, learned counsel has informed about he retiring from the case to appellant No.1 on 10.08.2022. After the said order of retirement dated 04.06.2025, the name of the appellants has been shown in the cause-list. The appellants even after receiving the files from the their counsel have not made arrangement to engage another counsel to represent them or they appeared before the Court since 10.08.2022. - 4 - HC-KAR NC: 2026:KHC:25763 RFA No. 359 of 2020 3. Considering the said aspect, it appears that appellants are not interested in prosecuting the appeal. Hence, the appeal is dismissed for non-prosecution. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 2 Sl No.: 8