- 1 - HC-KAR NC: 2026:KHC:6926-DB RFA No. 78 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF REGULAR FIRST APPEAL NO. 78 OF 2014 (PAR) BETWEEN: 1. SRI S.P. UDAYA, S/O LATE S N PARTHASARATHY, AGED ABOUT 33 YEARS, R/AT NO.463, 1ST FLOOR, 1-E CROSS ROAD, 8TH MAIN ROAD, BASAVESWARANAGAR EXTN., BANGALORE - 560 079. 2. SMT. S.P. INDU, D/O LATE S.N.PARTHASARTHY, W/O SRI. N MANJUNATH, AGED ABOUT 35 YEARS, R/AT NO.49/1, GROUND FLOOR, 2ND CROSS,GEETHANJALI LAYOUT, NEW THIPPASANDRA, HAL 3RD STAGE, BANGALORE - 560 075. …APPELLANTS (BY SRI. K.V. SOMASHEKAR, ADVOCATE FOR A1(ABSENT) SRI. K.N. DAYALU, ADVOCATE FOR A2 (ABSENT)) AND: SMT. P. BHARATHI, W/O LATE S.N. PARTHASARATHY, AGED ABOUT 59 YEARS, R/AT NO.463, GROUND FLOOR, BASAVESWARANAGAR EXTN., BANGALORE - 560 079. …RESPONDENT (BY SRI. K.K. VASANTH, ADVOCATE FOR CAVEATOR RESPONDENT) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6926-DB RFA No. 78 of 2014 THIS RFA IS FILED UNDER SECTION 96 OF CPC., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE PASSED IN THE SAID SUIT O.S.NO.4703/2009, ON THE FILE OF THE V ADDITIONAL CITY CIVIL JUDGE, CCG.NO.13, DATED:10.10.2013 BANGALORE BY ALLOWING THE ABOVE APPEAL AND DISMISSING THE SUIT OF THE PLAINTIFF AND ETC., THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The appeal has been taken in the revised call. On 17.03.2026 looking at the age of the appellants and the conduct of the learned counsel for the appellants who has been seeking adjournment after adjournment on each and every date of listing, this Court passed the following order: "This appeal is of the year 2014. The order sheet indicates that adjournment was sought by the appellant on 05.02.2026 and we granted last chance to the appellant to make submission and posted the appeal on 24.02.2026. On 24.02.2026, again adjournment was sought and the matter was ordered to be listed today. Today when the matter is listed, again there is a request for adjournment. It appears that learned counsel for the appellant is not interested in making submissions on merit and he is only interested in keeping the matter alive. - 3 - HC-KAR NC: 2026:KHC:6926-DB RFA No. 78 of 2014 We therefore adjourn this appeal, but with cost of Rs.5,000/- (Rupees Five Thousand only) to be deposited before the High Court Legal Services Authority within a period of two weeks from today. Post this appeal on 07.04.2026." 2. Today, when the matter is listed in the first call no one appeared on behalf of the appellants nor in the revised call. Therefore, we dismiss this appeal for non- prosecution. 3. The cost imposed has not been deposited. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE PK List No.: 1 Sl No.: 5 ct-vn