- 1 - HC-KAR NC: 2025:KHC:20319 RFA No. 13 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD REGULAR FIRST APPEAL NO. 13 OF 2014 (DEC/INJ) BETWEEN: MRS ANITHA ANTHONTY RAJ W/O ANTHONY RAJ AGED 40 YEARS NO.12, 10TH CROSS, 1ST MAIN, 2ND BLOCK HBR LAYOUT, KACHARAKANAHALLI BANGALORE 560043. …APPELLANT (BY SRI. VISHWANATH R HEGDE, ADVOCATE) AND: SRI ANTONY RAJ S/O PUSHAPRAJ AGED ABOUT 48 YEARS NO.4, 1ST MAIN ROAD SUBHAS LAYOUT KACHARAKANAHALLI EXTENSION ST. THOMAS TOWN POST BANGLAORE 560084. …RESPONDENT (BY SRI. S SATHYARTHY., ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED: 12.12.2013 PASSED IN O.S.17920/2005 ON THE FILE OF THE XXVIII- ADDL. CITY CIVIL JUDGE, MAYO HALL, BENGALURU, DISMISSING THE SUIT FOR DECLARATION AND INJUNCTION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20319 RFA No. 13 of 2014 CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL JUDGMENT 1. Sri Vishwanath R. Hegde, learned counsel for the appellant, has filed a memo for retirement. He submitted that notice was sent to the appellant, but the same was returned as ‘unclaimed’. He further submitted that he has no instructions from his client to prosecute the matter. 2. This Court, by order dated 02.12.2024, had directed the office to issue court notice to the appellant. However, the report received from the Registrar, City Civil Court, Bengaluru states that service is ‘insufficient’. 3. It appears that the appellant is not interested in prosecuting the case. Hence, the appeal is dismissed for non-prosecution. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 24