- 1 - HC-KAR NC: 2026:KHC:8283 MFA No. 6965 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M MISCELLANEOUS FIRST APPEAL NO.6965 OF 2021 (CPC) BETWEEN: SRI SURESH N S/O. SRI NARAYAN RAO, AGED ABOUT 51 YEARS, RESIDING AT NO.90, PREMIER GRIHALAKSHMI APARTMENT, FLAT NO. 008, SOUTH END ROAD, BASAVANAGUDI, BENGALURU-560004. …APPELLANT (BY SRI. GANESH BHAT Y.H., ADVOCATE - ABSENT) AND: 1. SRI T RAMA REDDY S/O. THIMAPPA, AGED ABOUT 51 YEARS RESIDING AT NO. 74, THIMMAPPA REDDY LAYOUT, HULIMAVU GATE, BANNERGHATTA ROAD, HULIMAVU, BENGALURU-560076. 2. SRI. SHABBIER S.SONI, S/O. SAIFEE SONI, AGED ABOUT 37 YEARS, RESIDING AT NO. 88, NAFISA COTTAGE, ARVIND LAYOUT, VIJAYANAGAR, JP NAGAR, 5TH PHASE, BENGALURU-560078. …RESPONDENTS (BY SRI. K.N.DAYALU, ADVOCATE FOR C/R2) Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8283 MFA No. 6965 of 2021 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(r) OF THE CODE OF CIVIL PROCEDURE. THIS MISCELLANEOUS FIRST APPEAL IS LISTED FOR ADMISSION, THIS DAY, THE JUDGMENT IS DELIVERED AS UNDER: ORAL ORDER Though matter called twice, there is no representation on behalf of the appellant, either personally or through video conferencing. As could be seen from the daily order sheet, the appeal was listed on 10.02.2026, on that day, there was no representation on behalf of the appellant. Hence, for appearance of counsel for the appellant it was ordered to be listed on 11.02.2026 and it was also made clear that if none appears for the appellant on the next date of hearing, the appeal would be dismissed for non-prosecution. The appeal is listed today. A perusal of the appeal papers would reflect that the appeal is filed in 2021. Now we are in 2026. The appeal is pending for five years. As already noted above, though matter called twice, there is no representation on behalf of the appellant, either personally or through video - 3 - HC-KAR NC: 2026:KHC:8283 MFA No. 6965 of 2021 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 MRP List No.: 1 Sl No.: 44