- 1 - HC-KAR NC: 2026:KHC:4505 MFA No. 3079 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M MISCELLANEOUS FIRST APPEAL NO. 3079 OF 2018 (CPC) BETWEEN: SMT. LAKSHMI DEVI H W/O. VENKATESH G AGED ABOUT 38 YEARS RESIDING AT R/O PROPERTY NO.31/1 VEERASAGARA VILLAGE YELAHANKA HOBLI BANGALORE NORTH (ADDL TALUK) BANGALORE-560 064 …APPELLANT (BY SRI. ROSHAN YADAV, ADVOCATE - [ABSENT]) AND: 1. SMT. JAYAMMA W/O LATE SRI. GOPALAPPA AGED ABOUT 63 YEARS R/O PROPERTY NO.31/1 VEERASAGARA VILLAGE YELAHANKA HOBLI BANGALORE NORTH (ADDL) TALUK BANGALORE-560 064 2. SRI. CHANNE GOWDA S/O LATE SRI. GOPALAPPA AGED ABOUT 53 YEARS R/O VEERASAGARA VILLAGE YELAHANKA HOBLI BANGALORE NORTH (ADDL) TALUK BANGALORE-560 064 Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4505 MFA No. 3079 of 2018 3. SMT. V.G. RADHAMMA D/O LATE SRI. GOPALAPPA W/O MR. CHANDRAPPA AGED ABOUT 39 YEARS LAKKENHALLI VILLAGE SONDEGOPPA POST DASANAPURA HOBLI BANGALORE NORTH TALUK 4. SRI. LAKSHMIKANTHA @ LAKSHMINARAYANA S/O LATE SRI. GOPALAPPA VEERASAGARA VILLAGE KEMPANAHALLI ROAD YELAHANKA HOBLI BANGALORE NORTH (ADDL) TALUK 5. SMT. V.G. SHANTHAMMA D/O LATE SRI. GOPALAPPA W/O MOHAN RAMASANDRA VILLAGE SULIKERE POST KENGERI HOBLI BANGALORE SOUTH TALUK BANGALORE-560 060 6. SMT. CHAITRA H.R D/O SRI. RAJAGOPAL AGED ABOUT 27 YEARS RESIDING AT #47, HUTTAHALLI CHIKKAJALA POST BENGALURU NOTH TALUK 7. SRI. K.P. KUMAR S/O SRI. PUTTASWAMY AGED ABOUT 53 YEARS RESIDING AT #178, 1ST CROSS 1ST MAIN ROAD, 1ST BLOCK HMT LAYOUT NAGASANDRA POST BENGALURU-560 073 - 3 - HC-KAR NC: 2026:KHC:4505 MFA No. 3079 of 2018 8. SRI. P. RANGAPPA S/O LATE PAPANNA AGED ABOUT 40 YEARS RESIDING AT #216, CHOKKASANDRA NEAR KUNTHIYAMMA TEMPLE ROAD, T. DASARAHALLI BENGALURU-560 057 9. SRI. V. SURESHA S/O. SRI. S. VENKATA REDDY AGED ABOUT 47 YEARS RESIDING AT #21/3 1ST MAIN ROAD SRIKANTESHWARA NAGAR BENGALURU-560 096 10. SMT. ANUSUYA W/O SRI. ANJINAPPA D/O CHIKKAMUNIYAPPA AGED ABOUT 38 YEARS RESIDING AT MUTTUGADAHALLI VILLAGE SHIVAKOTE POST HESARAGATTA HOBLI BENGALURU NORTH TALUK …RESPONDENTS (BY SRI. H.M. GOPAL, ADVOCATE FOR R1 TO R5; SRI. DEVI PRASAD SHEETY, ADVOCATE FOR R6 TO R9 (NOC NOT OBTAINED); SRI. N. SONNEGOWDA, ADVOCATE FOR R6 TO R9; R10-SERVED) 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 IS DELIVERED AS UNDER: - 4 - HC-KAR NC: 2026:KHC:4505 MFA No. 3079 of 2018 ORAL ORDER Though matter called twice, there is no representation on behalf of the appellant, either personally or through video conferencing. Sri.H.M.Gopal., counsel for respondents 1 to 5 has appeared in person. As could be seen from the daily order sheet, the appeal was listed on 25.03.2025, on that day, counsel Sri.Roshan Yadav., had undertaken to file power on behalf of the appellant. It's almost a year, the power has not filed by the counsel Sri.Roshan Yadav. A perusal of the appeal papers would reflect that the appeal is filed in 2018. Now we are in 2026. The appeal is pending for almost eight years. As already noted above, though matter called twice, there is no representation on behalf of the appellant, either personally or through video conferencing. It appears that the appellant is not interested in prosecuting the appeal. Hence, the appeal is dismissed for non-prosecution. - 5 - HC-KAR NC: 2026:KHC:4505 MFA No. 3079 of 2018 Because of dismissal of the appeal, interim order granted if any stands discharged and pending interlocutory applications if any are disposed of. SD/- (JYOTI M) JUDGE MRP List No.: 1 Sl No.: 34