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2025 DAILYLAW 18760 (KAR)

RIDHI SIDHI MOBILES v. MAHAVEER MAXX

RFA/2126/2017 · 2025-06-12

Jyoti Mulimani

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:20092 RFA No. 2126 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 2126 OF 2017 (MON) BETWEEN: RIDHI SIDHI MOBILES, PROPRIETOR, SRI. MAHAVEER, NO.94/95, MAHARAJA COMPLEX, BVK IYANGAR ROAD, BANGALORE-560 003. …APPELLANT (BY SRI. KUMAR.S.J., SRI. N.PAPANNA & S.RAJSHEKAR., ADVOCATES [ABSENT]) AND: 1. MAHAVEER MAXX BUSINESS PLACE AT NO.56/4, HABIBULLAH BUILDING, GUNDAPANTH STREET, BANGALORE-560 002. REPRESENTED BY ITS PARNTERS. SRI. MANAKCHAND S/O LATE MODILAL, AGED ABOUT 64 YEARS, RESIDING AT NO.86/1, KABYA SADAN, 1ST BLOCK, T.R.NAGAR, BANGALORE-28. 2. SMT. MANJUDEVI W/O DILIP KUMAR, AGED ABOUT 46 YEARS, RESIDING AT NO.248, SHIRIVAN LEGACY, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20092 RFA No. 2126 of 2017 2ND CROSS, JAVARAIAH GARDEN, T.R.NAGAR, BANGALORE-560 028. …RESPONDENTS (BY SRI. H.J.ANANDA & SRI. HARISHA KUMAR.P.R., ADVOCATES R1 & 2) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF THE CPC. THIS REGULAR FIRST 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 on 18.07.2023, on that day, there was no representation on behalf of the appellant, either personally or through video conferencing. The appeal is listed today. As could be seen from the appeal papers the appeal is filed in 2017. Now we are in the month of June, 2025. The appeal is pending for almost eight years. As already noted above, when the case is called, the appellant is not represented. It appears that the appellant is - 3 - HC-KAR NC: 2025:KHC:20092 RFA No. 2126 of 2017 not interested in prosecuting the appeal. Hence, the Regular First Appeal is dismissed for non-prosecution. Because of dismissal of the appeal, interim order if any stands discharged and pending interlocutory applications if any are disposed of. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 1 Sl No.: 17