- 1 - HC-KAR CNR: KAHC010123112021 NC: 2026:KHC:45569 RFA No. 424 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE T.M.NADAF REGULAR FIRST APPEAL NO. 424 OF 2021 (SP) BETWEEN: MRS. SHAHNAZ ALI, W/O MR SYED ZAHID ALI, AGED ABOUT 50 YEARS, R/A NO.28/1,ROBERTSON ROAD, FRAZER TOWN, BENGALURU - 560 005. REP BY GPA HOLDER MR SYED ZAHID ALI, S/O SYED MOHAMMED, AGED ABOUT 62 YEARS, R/A NO.28/1,ROBERTSON ROAD, FRAZER TOWN, BENGALURU - 560 005. …APPELLANT (BY SRI. SRI.RAGHUNATH M.D., AND SRI. P.S. SAMEER AHAMED, ADVOCATE) AND: 1. MR. RAHMATH ALI JUNG, S/O LATE MUNTAZ ALI, AGED ABOUT 62 YEARS, 2. MRS. ZAKIA BEGUM, W/O RAHMATH ALI JUNG, MAJOR, 3. MR R JABI ALI S/O RAHMATH ALI JUNG MAJOR, Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010123112021 NC: 2026:KHC:45569 RFA No. 424 of 2021 4. MR. R. ZUBAIR ALI, S/O RAHMATH ALI JUNG, MAJOR, SL. NO.1 TO 4 RESIDING AT PORTION OF NO.28, ROBERTSON ROAD, FRAZER TOWN, BENGALURU - 560 005. …RESPONDENTS (BY VISHWAS GOUDA G.M., ADVOCATE FR R1 TO R4) THIS RFA FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED:11.12.2020 PASSED IN OS No.15237/2004 ON THE FILE OF THE XIII ADDL.CITY CIVIL AND SESSIONS JUDGE, MAHOHALL UNIT, BENGALURU (CCH- 22) DISMISSING THE SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT AND DECLARATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE T.M.NADAF - 3 - HC-KAR CNR: KAHC010123112021 NC: 2026:KHC:45569 RFA No. 424 of 2021 ORAL JUDGMENT This Court on 13.08.2026, passed the following order: "ORAL ORDER Sri.Rakshith, learned counsel appearing on behalf of Sri.Raghunath.M.D, learned counsel for the appellant, seeks a short accommodation stating personal inconvenience and he further submits that, he would prepare himself and argue the matter. On the assurance, post this appeal on 24.08.2026." 2. The appeal is listed today. 3. This appeal is filed in the year 2021. A perusal of the daily order sheet clearly shows that, on one or the other reason, the appeal is not heard and on the last date of hearing, assurance was made to the Court that, the matter would be argued without fail on the next date of hearing on 24.08.2026. However, none appeared on behalf of the appellant when the matter is called at 4:23 pm, for final hearing. The conduct of the appellant shows - 4 - HC-KAR CNR: KAHC010123112021 NC: 2026:KHC:45569 RFA No. 424 of 2021 that she has no interest to prosecute the appeal. Accordingly, the appeal is dismissed for non- prosecution. 4. In view of dismissal of the appeal, interim order granted, if any, shall stand discharged. Sd/- (T.M.NADAF) JUDGE TKN List No.: 2 Sl No.: 14