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2025 DAILYLAW 18664 (KAR)

KISHORE v. DEVAKUMAR

RFA/1014/2019 · 2025-06-20

Jyoti Mulimani

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:21428 RFA No. 1014 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 1014 OF 2019 (PAR) BETWEEN: 1. KISHORE S/O LATE SRI. ANANDARAJ, AGED ABOUT 25 YEARS, 2. ROSI D/O LATE SRI. ANANDARAJ, AGED ABOUT 22 YEARS, BOTH ARE R/AT: D.NO.20, C-BEEDI, 2ND CROSS, NEAR AYAPPA TEMPLE, MAGADI ROAD, GOPALAPURA, BENGALURU-560 023. …APPELLANTS (BY SRI. DWARAKANATH.C.S., ADVOCATE [ABSENT]) AND: 1. DEVAKUMAR S/O LATE SRI GURUPUTHRAPPA, AGED ABOUT 68 YEARS, 2. SMT G.PREMAKUMARI D/O LATE SRI.GURUPUTHRAPPA, AGED ABOUT 65 YEARS, 3. SRI. SUNDARA BABU S/O LATE SRI. GURUPUTHRAPPA, AGED ABOUT 60 YEARS, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21428 RFA No. 1014 of 2019 4. SRI. MOHANARAJU S/O LATE SRI GURUPUTHRAPPA, AGED ABOUT 57 YEARS, 5. ROSE MARY D/O LATE SRI GURUPUTHRAPPA, AGED ABOUT 54 YEARS, 6. SHANTHAKUMARI D/O LATE SRI GURUPUTHRAPPA, AGED ABOUT 52 YEARS, 7. SRI NAVARATHNA KUMAR S/O LATE SRI. GURUPUTHRAPPA, AGED ABOUT 45 YEARS, ALL ARE R/AT: NO.212, 12TH B-MAIN ROAD, 6TH BLOCK, RAJAJINAGAR, BENGALURU-560 010. 8. SMT. MUNIYAMMA W/O LATE ANANDARAJ, AGED ABOUT 51 YEARS, R/A NO.9/1, C-BEEDI, 2ND CROSS, NEAR AYAPPA TEMPLE ROAD, GOPALAPURA, BENGALURU-560 023. …RESPONDENTS (R1, 3, 4, 7 & 8 ARE SERVED AND UNREPRESENTED) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF THE CPC, 1908. THIS REGULAR FIRST APPEAL IS LISTED FOR DISMISSAL, THIS DAY, AN ORDER IS MADE AS UNDER: - 3 - HC-KAR NC: 2025:KHC:21428 RFA No. 1014 of 2019 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 10.06.2025, on that day, when the case was called, there was no representation on behalf of the appellants. Hence, it was ordered to be listed on 20.06.2025 under the caption ‘for dismissal'. The appeal is listed today under the caption ‘for dismissal'. As already noted above, when the case is called, the appellants are not represented. It appears that the appellants are 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 MULIMANI) JUDGE MRP List No.: 1 Sl No.: 39