- 1 - HC-KAR CNR: KAHC010255142017 NC: 2026:KHC:54248 MFA No. 1853 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 1853 OF 2017 (CPC) BETWEEN: 1. SRI CHIKKAMUNIYAPPA S/O. LATE ABBAIAH MAJOR. 2. SRI KRISHNAPPA S/O. LATE CHIKKANNA MAJOR. 3. SRI NARAYANASWAMY S/O. LATE MUNISHAMAPPA MAJOR. ALL ARE RESIDING AT DEVERABEESANAHALLI VILLAGE VARTHUR HOBLI BENGALURU EAST TALUK, BENGALURU. REPRESENTED BY P.A. HOLDER SRI DR. K. SRINIVAS MURTHY S/O. LATE KEMPIAH AGE 54 YRS., MR-58/A SFHS NANDINI LAYOUT BENGALURU - 96. …APPELLANTS (BY SRI S.G. HEGDE, ADVOCATE (ABSENT)) AND: 1. SUPREME BUILD CAP PVT. LTD. NO.8/A, COMMISSIONER LANE CIVIL LINES, NEW DELHI - 110 054 Digitally signed by VINUTHA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010255142017 NC: 2026:KHC:54248 MFA No. 1853 of 2017 HAVING ITS BRANCH OFFICE AT 2/1, EMBESSAY ICON ANNEXE INFANTRY ROAD NEXT TO POLICE COMMISSIONER OFFICE BENGALURU - 560 001. BY ITS AUTHORIZED SIGNATORY K.R. ASHOK. S/O. LATE RANGASWAMY AGED ABOUT 57 YEARS. 2. SRI CHOWDAPPA S/O. RAMAIAH MAJOR. 3. SRI MUNIYAPPA S/O. RAMAIAH MAJOR. 4. SMT RADHAMMA W/O. SONNAPPA MAJOR. RESPONDENTS NO.2 TO 4 ARE RESIDING AT DEVEREABEESANAHALLI VILLAGE VARTHUR HOBLI BENGALURU EAST TALUK BENGALURU. …RESPONDENTS (VIDE ORDER DATED 21-12-2018 NOTICE TO R2 TO R4 IS DISPENSED) THIS MFA IS FILED UNDER ORDER XLIII RULE 1(R) OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 17.12.2016 PASSED ON IA.NO.I IN O.S.NO.9058/2015 BY LXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY. - 3 - HC-KAR CNR: KAHC010255142017 NC: 2026:KHC:54248 MFA No. 1853 of 2017 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT There is no representation on behalf of the appellants. 2. Even on the previous date of hearing, there was no representation on behalf of the appellants. Despite granting sufficient time, no steps have been taken in respect of respondent No.1. Notice to respondent Nos.2 to 4 is dispensed, at the risk of the appellants. 3. The matter is of the year 2017. It appears that the appellants are not interested in prosecuting the appeal. Accordingly, the appeal is dismissed for non-prosecution. - 4 - HC-KAR CNR: KAHC010255142017 NC: 2026:KHC:54248 MFA No. 1853 of 2017 In view of dismissal of the appeal, pending interlocutory application, if any, does not survive for consideration and the same pales into insignificance. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 21