- 1 - HC-KAR NC: 2026:KHC:5030 RSA No. 780 of 2009 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M REGULAR SECOND APPEAL NO. 780 OF 2009 BETWEEN: MRS. ROSY PRECILLA D'MELLO W/O. HENRY MONTEIRO, R/AT KAMPA HOUSE, ARKULA VILLAGE, MANGALORE TALUK, D.K.-575001 …APPELLANT (BY SRI. SUBHASH KOWDICHAR, ADVOCATE FOR SRI. SUBHASH & RAJESH ASSTS., ADVOCATE -ABSENT) AND: SMT. PUSHPA W/O. SATISH POOJARY, R/AT KAMPA HOUSE, ARKULA VILLAGE, POST FARANGIPET, MANGALORE TALUK, D.K.-575001. …RESPONDENT (BY SRI. DEEPAK WAGLE, ADVOCATE FOR SRI. A.KESHAVA BHAT, ADVOCATE) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE. THIS REGULAR SECOND APPEAL IS LISTED FOR HEARING, THIS DAY, THE ORDER IS MADE AS UNDER: Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5030 RSA No. 780 of 2009 ORAL ORDER Though matter called twice, there is no representation on behalf of the appellant, either personally or through video conferencing. Sri.Deepak Wagle., counsel on behalf of Sri.A.Keshava Bhat., for the respondent has appeared in person. As could be seen from the daily order sheet, the appeal was listed on 25.01.2024, on that day, there was no representation on behalf of the appellant. Again, the matter was listed on 15.02.2024, on that day also, there was no representation on behalf of the appellant. Once again, the matter was listed on 05.04.2024, on that day also, there was no representation on behalf of the appellant. A perusal of the appeal papers would reflect that the appeal is filed in 2009. Now we are in 2026. The appeal is pending for almost seventeen years. As already noted above, though matter called twice, there is no - 3 - HC-KAR NC: 2026:KHC:5030 RSA No. 780 of 2009 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. 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 CH List No.: 3 Sl No.: 22