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2025 DAILYLAW 18982 (KAR)

SMT H N PUNYA v. SRI H V NARAYANA SWAMY

RFA/2106/2017 · 2025-06-19

Jyoti Mulimani

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:21155 RFA No. 2106 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 2106 OF 2017 (PAR/INJ) BETWEEN: 1. SMT H.N.PUNYA W/O SRI. H.MAHESH, D/O SRI. H.V.NARAYANA SWAMY, AGED ABOUT 36 YEARS, NO.26, 6TH CROSS, SWIMMING POOL EXTENSION, MALLESHWARAM, BENGALURU-560 003. 2. MISS. H.N.LAXMI D/O SRI. H.V.NARAYANA SWAMY, AGED ABOUT 33 YEARS, NO.26, 6TH CROSS, SWIMMING POOL EXTENSION, MALLESHWARAM, BENGALURU-560 003. …APPELLANTS (BY SRI. SATHISH.S.P., ADVOCATE [ABSENT]) AND: 1. SRI. H.V.NARAYANA SWAMY S/O LATE H.VENKATESHAIAH, NO.26/1, 6TH CROSS, SWIMMING POOL EXTENSION, MALLESHWARAM, BENGALURU-560 003. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21155 RFA No. 2106 of 2017 2. DR. S.C. JAGANNATHA S/O LATE PATEL CHALUVEGOWDA, NO.891, "E" & "F" BLOCK, KUVEMPUNAGAR, MYSURU-570 006. …RESPONDENTS (BY SRI. S.RAMAMURTHY., ADVOCATE FOR R2; R1-SERVED AND UNREPRESENTED) 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 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 16.06.2025, on that day, when the matter was called, there was no representation on behalf of the appellants, either personally or through video conferencing. Hence, for appearance of counsel for the appellants it was ordered to be listed on 19.06.2025. The appeal is listed today for appearance of counsel of the appellants. As already noted above, when the case is - 3 - HC-KAR NC: 2025:KHC:21155 RFA No. 2106 of 2017 called, the appellants are not represented. It appears that the appellants are not interested in prosecuting the appeal. Hence, the Regular First 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.: 14