- 1 - HC-KAR CNR: KAHC010334952009 NC: 2026:KHC:48038 RFA No. 474 of 2009 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M REGULAR FIRST APPEAL NO. 474 OF 2009 (RES) BETWEEN: SRI. G.SHIVASHANKARA RAO, S/O. SRI G.GANGARAM RAO, AGED ABOUT 46 YEARS, R/AT NO.8, GROUND FLOOR, BDA EXTENSION, 1ST BLOCK EAST, BYRASANDRA, BENGALURU-560 011. …APPELLANT (BY SRI. N.R.NAIK, ADVOCATE - ABSENT) AND: SRI. G.KAMESHWARA RAO, S/O. SRI. G.GANGARAM RAO, AGED ABOUT 51 YEARS, R/AT NO.8, GROUND FLOOR, BDA EXTENSION, 1ST BLOCK EAST, BYRASANDRA, BENGALURU-560 011. …RESPONDENT (BY SRI. V.S.NARAYANA, ADVOCATE) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF THE CODE OF CIVIL PROCEDURE. THIS REGULAR FIRST APPEAL IS LISTED FOR FINAL HEARING, THIS DAY, THE JUDGMENT IS DELIVERED AS UNDER: Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010334952009 NC: 2026:KHC:48038 RFA No. 474 of 2009 ORAL ORDER Though matter called twice, there is no representation on behalf of the appellant. Sri.V.S.Narayana, counsel for respondent appeared in person. A perusal of daily order sheet reflects that the matter was listed on 14.08.2026 and on that day also, there was no representation on behalf of the appellant. Hence, it was ordered to be listed today i.e., 03.09.2026. Accordingly, the Registry has listed the matter today and as already noted above, when the matter is called, there is no representation on behalf of the appellant. It appears that the appellant is not interested in prosecuting the appeal. Accordingly, the appeal is dismissed for non-prosecution. Sd/- (JYOTI M) JUDGE SS List No.: 2 Sl No.: 16