- 1 - HC-KAR NC: 2026:KHC:30168 MFA No. 6135 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 6135 OF 2021 (CPC) BETWEEN: 1. SHRI NANJUNDAPPA S/O. LATE. MUNISAMAPPA, AGED ABOUT 62 YEARS 2. SHRI. SUBBARAYAPPA S/O. LATE. MUNISAMAPPA, AGED ABOUT 56 YEARS 3. SHRI. GOPALAPPA S/O. LATE. MUNISAMAPPA, AGED ABOUT 54 YEARS 4. SHRI. NAGARAJ @ NAGESH S/O. LATE. MUNISWAMAPPA, AGED ABOUT 46 YEARS ALL ARE R/AT GATTAHALLI VILLAGE, HUSKUR POST, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT 560 097 …APPELLANTS (BY SRI RAVIKUMAR .N FOR SRI. B.T.VENKATESH.,ADVOCATE) Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30168 MFA No. 6135 of 2021 AND: 1. SHRI M .MUNISWAMY S/O.LATE SHRI. C MUNIYAPPA, SINCE DECEASED BY LRS SMT.RAJESHWARI, D/O. LATE. SHRI. M MUNISWAMY, AGED ABOUT 47 YEARS 2. SMT.KALAVATHY D/O.LATE. SHRI. M MUNISWAMY, AGED ABOUT 43 YEARS BOTH ARE R/AT NO.1, MUNISWAMY GOWDA GARDEN, NEELASANDRA VILLAGE, BENGALURU SOUTH TALUK, BENGALURU 560 097 3. SHRI. M THAYAPPA S/O. LATE. SHRI. C MUNIYAPPA AGED ABOUT 62 YEARS 4. SHRI. M RAJANNA S/O. LATE. SHRI. C.MUNIYAPPA AGED ABOUT 53 YEARS 5. SMT. RENUKA W/O. SHRI. M THAYAPPA AGED ABOUT 52 YEARS 6. SMT.RASHMI D/O. SHRI. M THAYAPPA AGED ABOUT 35 YEARS 7. SMT. MADHU D/O. SHRI. M THAYAPPA AGED ABOUT 32 YEARS - 3 - HC-KAR NC: 2026:KHC:30168 MFA No. 6135 of 2021 8. SHRI. PRAVEEN S/O. SHRI. M THAYAPPA AGED ABOUT 30 YEARS 9. SHRI. PRADEEP S/O. SHRI. M THAYAPPA, AGED ABOUT 26 YEARS RESPONDENTS NO. 3 TO 9 ARE R/AT NO.1, MUNISWAMY GOWDA GARDEN, NEELASANDRA VILLAGE, BENGALURU 560 041 …RESPONDENTS (NOTICE TO R-1 TO R-9 IS HELD SUFFICIENT VIDE ORDER DATED 23.08.2022) THIS MFA IS FILED UNDER ORDER - 43 RULE 1(r) R/W SECTION 151 OF CPC, TO SET ASIDE THE ORDER DATED 24.08.2021 PASSED BY LEARNED ADDITIONAL SENIOR CIVIL JUDGE & JMFC, ANEKAL, IN O.S.NO.378/2020 REJECTING IA NO.2 FILED U/O.39 RULE 1 AND 2 R/W SECTION 151 OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT Learned counsel - Sri Ravi Kumar .N appearing on behalf of appellants seeks time on the ground that appellant No.1 died on 4.12.2023 and legal representatives of Appellant no. 1 are to be brought on record. - 4 - HC-KAR NC: 2026:KHC:30168 MFA No. 6135 of 2021 2. On perusal of the order sheet, it is seen that the matter has been listed time and again. When the matter came up before the Court on 23.8.2022, notice to Respondent Nos.1 to 9 was held sufficient. Again, when the matter came up before the Court on 12.6.2026, there was no representation on behalf of appellants. However, this Court granted time to rectify the objections raised by the Registry on the NOC vakalath filed by learned counsel - Sri B.T. Venkatesh and if the same are not rectified, directed to list the matter for 'dismissal' on 18.6.2026. Accordingly, the matter is listed today. 3. Despite the same, objections raised by the Registry have not been rectified till today. The matter is of the year 2021. We are in the month of June-2026. It appears that the appellants are not interested in the matter. I do not find any good ground to grant adjournment as sought by the counsel for the appellants. 4. Accordingly, the appeal is dismissed for non- prosecution. - 5 - HC-KAR NC: 2026:KHC:30168 MFA No. 6135 of 2021 5. In view of disposal of the appeal, pending interlocutory applications would not survive for consideration and the same pale into insignificance. Sd/- (PRADEEP SINGH YERUR) JUDGE GSS List No.: 1 Sl No.: 49