- 1 - HC-KAR CNR: KAHC010243432015 NC: 2026:KHC:36780 MFA No. 2505 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 2505 OF 2015 (CPC) BETWEEN: 1. SRI ANAND KISHORE P. VACHANI S/O. P.G. VACHANI AGED ABOUT 64 YEARS. 2. SMT. POONAM A.K. VACHANI W/O. ANAND KISHORE P. VACHANI, AGED ABOUT 57 YEARS. 3. SRI VINEET A.K. VACHANI S/O ANAND KISHORE P. VACHANI, AGED ABOUT 34 YEARS. ALL ARE RESIDING AT NO.2 1ST FLOOR, 4TH MAIN NEHRU NAGAR SHESHADRIPURAM BANGALORE - 560 020. …APPELLANTS (BY SRI SRINIVAS MURTHY D, ADVOCATE) AND: 1. SMT. SAVITHRI KUMAR W/O. NOT KNOWN TO APPELLATNS MAJOR IN AGE RESIDING AT NO.3/A 'GAYATHRI APARTMENT' PALACE CROSS ROAD BANGALORE - 560 020. 2. M/S. CHARAN HOMES PRIVATE LIMITED Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010243432015 NC: 2026:KHC:36780 MFA No. 2505 of 2015 BUILDERS AND DEVELOPERS REP. BY ITS MANAGING DIRECTOR NO.11, 80 FEET ROAD, HMT LAYOUT BESIDE KARNATAKA BANK R.T. NAGAR, BANGALORE - 560 032. 3. SRI R. PRAKASH S/O. SRI S.M.RAJU AGED ABOUT 54 YEARS RESIDING AT NO.325/A 18TH CROSS, IDEAL HOME TOWNSHIP, RAJARAJESHWARINAGAR BANGALORE - 560 098. ALSO AT: NO.21, NEW NO.19 'MELVELLA HOUSE' PALACE CROSS ROAD PLOT NO.104, 1ST FLOOR BANGALORE - 560 020. 4. THE SENIOR SUB REGISTRAR GANDHINAGAR BANGALORE - 560 009. …RESPONDENTS (BY SRI G.S.SRINIVAS, ADVOCATE FOR R3; SRI B.J.ESHWARAPPA, AGA FOR R4; VIDE ORDER DATED 23.10.2018, SERVICE OF NOTICE TO R2 IS H/S) THIS MFA IS FILED UNDER ORDER XLIII RULE 1(C) OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 30.10.2014 PASSED IN MISC.NO.575/2013 BY V ADDITIONAL CITY CIVIL JUDGE, BANGALORE CITY AND ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010243432015 NC: 2026:KHC:36780 MFA No. 2505 of 2015 CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT There is no representation on behalf of appellants. 2. Learned counsel for respondents are present before the Court. 3. The matter was last listed on 08.03.2021. The appellants, who are the plaintiffs in the suit, had instituted O.S.No.4520/2010. The suit came to be dismissed for non-prosecution. Aggrieved by the said order, a miscellaneous petition came to be filed to set aside the order of dismissal in O.S.No.4520/2010, which was dismissed on 28.08.2013. The said miscellaneous petition in Misc.No.575/2013 also came to be dismissed by an order dated 30.10.2014. Aggrieved by the said order dated 30.10.2014, the appellants are before this Court. 4. The suit is of the year 2010 and came to be dismissed for non-prosecution in the year 2013. - 4 - HC-KAR CNR: KAHC010243432015 NC: 2026:KHC:36780 MFA No. 2505 of 2015 Thereafter, the miscellaneous petition seeking for dismissal of the suit was also dismissed in the year 2014. We are now in the year 2026 and there has been absolutely no progress in the matter. The appellants have neither taken any steps to prosecute the appeal nor sought any appropriate relief from this Court. Therefore, it appears that the appellants are not interested in prosecuting the present appeal. In view of the non-appearance of the appellants, the appeal is dismissed for non-prosecution. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 19