- 1 - NC: 2025:KHC:3895 RFA No. 343 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 343 OF 2024 (EJE) BETWEEN: SRI MOHAMMED NASIR AGED ABOUT 41 YEARS, SONOF SRI HAQUE MOHAMMED HAYATH, R/AT NO. 18/62, HAYATH REGENCY, FLAT -A, RANOJI RAO ROAD, BASAVANAGUDI, BENGALURU-560 004. …APPELLANT (BY SRI MOHAMMED ARIF KHAN MAKKI., ADVOCATE [ABSENT]) AND: 1. MR. N.NITYANANDA SINCE DEAD BY HIS LR'S 1 TO 3 SMT. VEENA NITYANANDA WIFE OF LATE N.NITYANANDA, AGED ABOUT 58 YEARS, 2. SRI. KUSHAL NITYANANDA SON OF LATE N.NITYANANDA, AGED ABOUT 37 YEARS, 3. SMT. AISHWARYA NITYANANDA D/O LATE N.NITYANANDA, AGED ABOUT 34 YEARS, ALL TOGETHER RESIDING AT NO. 76, 1ST FLOOR, RANGA RAO ROAD, SHANKARPURAM, BENGALURU 560 004. …RESPONDENTS Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:3895 RFA No. 343 of 2024 THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF THE CPC, 1908. THIS REGULAR APPEAL IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER When the case is called, the appellant is 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 before the Registrar (P & H) and sufficient time was granted to comply with the office objections. Thereafter, the appeal was listed before the Court on 13.01.2025, on that day, finally two week's time was granted to comply with the office objections, failing which the appeal was ordered to be listed under the caption 'for dismissal of appeal for non-compliance of office objections' on 28.01.2025. The appeal is listed today under the caption 'for dismissal of appeal for non-compliance of office objections'. Despite granting sufficient time, the office objections are not complied with. As already noted above, when the case is called, the appellant is not represented. It appears that the appellant is - 3 - NC: 2025:KHC:3895 RFA No. 343 of 2024 not interested in prosecuting the appeal. Hence, the Regular First Appeal is dismissed for non-prosecution and also for non- compliance of office objections. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 1 Sl No.: 42