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2025 DAILYLAW 16660 (KAR)

S VIJAY CHANDRA v. S KRUPAL

RFA/318/2024 · 2025-03-17

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:2463 RFA No. 318 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 318 OF 2024 (INJ) BETWEEN: 1. SRI. S.VIJAY CHANDRA S/O LATE A.SADASHIVIAH, AGED ABOUT 64 YEARS, PRESENTLY AT 1182, 3RD FLOOR, 18TH B MAIN, 5TH BLOCK, RAJAJINAGAR, BENGALURU-560 010. 2. SRI.B.S.LOKESH S/O LATE A.SADASHIVIAH, AGED ABOUT 66 YEARS, NO.H(G-4) , 12TH A CROSS, ARCHANA APARTMENTS, MARGOSSA ROAD, MALLESHWARAM, BENGALURU-560 003. 3. S.HARISH S/O SADASHIVIAH, AGED ABOUT 62 YEARS, PRESENTLY R/AT NO.121/A, 6TH MAIN ROAD, 4TH BLOCK, BASAVESHWARANAGAR, BANGALORE-560 079. …APPELLANTS (BY SRI. M.V.VEDACHALA., ADVOCATE [ABSENT]) AND: S.KRUPAL S/O SHIVAIAH, Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:2463 RFA No. 318 of 2024 AGED ABOUT 58 YEARS, R/O NO.85, ABBIGERE, CHIKKABANAWARA POST, BEGALURU NORTH TALUK, BENGALURU-560 010. …RESPONDENT (BY SRI. NARASIMHARAJU., ADVOCATE) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 ORDER XLI RULE 1 OF THE CPC, 1908. THIS REGULAR FIRST APPEAL IS LISTED FOR ADMISSION, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER When the case is called, the appellants are not represented. When the case is listed and called out, the advocate must be present. The absence may affect the case. As could be seen from the daily order sheet, the appeal was listed on 09.01.2025, on that day, there was no representation on behalf of the appellants, either personally or through video conferencing. Hence, for appearance of counsel for the appellants, the appeal was ordered to be listed on 21.01.2025. The appeal is listed today for appearance of counsel for the appellants. As already noted above, when the case is called, the appellants are not represented. It appears that the - 3 - NC: 2025:KHC:2463 RFA No. 318 of 2024 appellants are not interested in prosecuting the appeal. Hence, the Regular First Appeal is dismissed for non-prosecution. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 1 Sl No.: 56