- 1 - HC-KAR CNR: KAHC010139332018 NC: 2026:KHC:46911 MFA No. 6981 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 6981 OF 2018 (CPC) BETWEEN: SRI. C. BASAVARAJ, AGED ABOUT 42 YEARS, S/O SRI. CHIKKANNA, R./A NO.1/2, "B" CROSS, MUNESHWARA BLOCK, PALACE GUTTAHALLI, BANGALORE – 560 003. …APPELLANT (BY SRI. JAGANNATHAN P., ADVOCATE AND SRI.B.H.SHIVAKUMAR, ADVOCATE (ABSENT)) AND: SRI. D. SAMPATH KUMAR, S/O LATE N. DEVEERAPPA, AGED ABOUT 62 YEARS, R/AT NO.503, 80 FEET ROAD, MARUTHI LAYOUT, VASANTHAPURA, BANGALORE – 560 061. …RESPONDENT (BY SRI. MALLESAPPA L., ADVOCATE) THIS MFA IS FILED U/O.43(1)(C) OF THE CPC, AGAINST THE ORDER DATED 13.08.2018 PASSED ON MISC.NO.607/2016 ON THE FILE OF THE 9TH ADDITIONAL Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010139332018 NC: 2026:KHC:46911 MFA No. 6981 of 2018 CITY CIVIL & SESSIONS JUDGE, BENGALURU (CCH-5), DISMISSING THE PETITION FILED U/O.11 RULE 9 R/W SEC.151 OF CPC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT Learned counsel for the respondent is present and there is no representation on behalf of the appellant. 2. It is seen from the order sheet, initially, this Court passed an order on 23.11.2018 directing deposit of Rs.1,50,000/- in the Execution Petition No.726/2016, which was not deposited within the time granted by the Court. Thereafter, an application came to be filed for modification in IA No.2/2018, which was accepted by granting four weeks' time further to deposit the sum of Rs.1,50,000/-. Thereafter, vide order dated 27.02.2019, this Court granted another week's time, as last chance to deposit Rs.1,50,000/- in the execution proceedings. - 3 - HC-KAR CNR: KAHC010139332018 NC: 2026:KHC:46911 MFA No. 6981 of 2018 3. It is submitted by the learned counsel for respondent that the appellant has deposited Rs.1,50,000/- by way of two instalments, latest being 14.10.2022. Thereafter, the appellant has not been appearing before the Court. Even on the previous date of hearing, there was no representation on behalf of the appellant. It appears that the appellant is not interested in prosecuting this appeal. The appeal is of the year 2018. This Court does not find any good ground or cogent reason to grant further adjournment. Accordingly, the appeal stands dismissed for non-prosecution. Sd/- (PRADEEP SINGH YERUR) JUDGE BH List No.: 1 Sl No.: 24