- 1 - HC-KAR NC: 2026:KHC:3340 MFA No. 5052 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M MISCELLANEOUS FIRST APPEAL NO. 5052 OF 2023 (CPC) BETWEEN: 1. SRI LAKSHMAIAH M., S/O LATE MUNISWAMAPPA AGED 64 YEARS 2. SMT SUJATHA D/O LATE LAKSHMAIAH M AGED 49 YEARS 3. SRI CHALAPATHI L S/O LATE LAKSHMAIAH M AGED ABOUT 46 YEARS ALL ARE RESIDING AT PATTANDURU AGRAHARA VILLAGE, K R PURAM HOBLI, BENGALURU EAST TALUK BENGALURU - 560064 …APPELLANTS (BY SRI. NATARAJU B. HALEMANE, ADVOCATE [ABSENT]) AND: 1. SRI LAKSHMAIAH S/O SRI MUNIYAPPA AGED ABOUT 80 YEARS 2. SRI NAGARAJU S/O SRI LAKSHMAIAH AGED ABOUT 47 YEARS Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3340 MFA No. 5052 of 2023 3. SMT NALANE W/O SRI NAGARAJU AGED ABOUT 42 YEARS ALL ARE RESIDING AT PATTANDURU AGRAHARA VILLAGE, K R PURAM HOBLI, BENGALURU EAST TALUK BENGALURU - 560064 …RESPONDENTS THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(r) OF THE CODE OF CIVIL PROCEDURE, 1908. THIS MISCELLANEOUS FIRST APPEAL IS LISTED FOR ADMISSION, THIS DAY, THE JUDGMENT WAS DELIVERED AS UNDER: ORAL JUDGMENT Though matter called twice, there is no representation on behalf of the appellants. The appeal was listed on 20.01.2026. On that day also, matter was called twice, there was no representation on behalf of the appellants. Hence, it was ordered to be listed today for appearance of advocate for the appellants. It was also made clear in the order that, if none appears on behalf of the appellants, it will be dismissed for non-prosecution. - 3 - HC-KAR NC: 2026:KHC:3340 MFA No. 5052 of 2023 As already noted above, though matter called twice, there is no representation on behalf of the appellants. Hence, the appeal is dismissed for non-prosecution. SD/- (JYOTI M) JUDGE CH List No.: 1 Sl No.: 39