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2025 DAILYLAW 19020 (KAR)

SRI. ASHWATHAPPA v. SRI MUNIYAPPA

RFA/598/2018 · 2025-07-10

Jyoti Mulimani

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:25187 RFA No. 598 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 598 OF 2018 (DEC/INJ) BETWEEN: SRI. ASHWATHAPPA S/O. LATE NARAYANAPPA, AGED ABOUT 57 YEARS, R/AT:NO.166, 7TH CROSS, KUNDALAHALLI COLONY, DODDANEKKUNDI POST, BENGALURU-560 037. …APPELLANT (BY SRI. C.VIJAYAKUMAR., ADVOCATE [ABSENT]) AND: 1. SRI. MUNIYAPPA S/O.MUNIVENKATAPPA, AGED ABOUT 66 YEARS, 2. SMT. GOWRAMMA W/O.SURESH, D/O.MUNIVENKATAPPA, AGED ABOUT 31 YEARS, RESPONDENT NO.1 & 2 ARE R/AT: NO.41, 4TH CROSS, KUNDALAHALLI VILLAGE, BENGALURU-560 037. 3. SRI. VENKATESH.M S/O.HANUMAIAH, AGED ABOUT 50 YEARS, Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25187 RFA No. 598 of 2018 R/AT:32, 1ST CROSS, LAKSHMINARAYANAPURA, ITPL MAIN ROAD, BENGALURU-560 037. …RESPONDENTS (BY SRI. JANARDHANA.G., ADVOCATE FOR R1 & 2; NOTICE TO R3-HELD SUFFICIENT V/O DATED:29.10.2018) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 OF THE CODE OF CIVIL PROCEDURE. THIS REGULAR FIRST APPEAL IS LISTED FOR ADMISSION, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Though matter called twice, 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 appeal papers, the appeal is filed in the year 2018. Now we are in the month of July 2025. The appeal is pending from seven years. As already noted above, though matter called twice, the appellant is not represented. It appears that the appellant is not interested in prosecuting the appeal. Hence, the Regular First Appeal is dismissed for non-prosecution. - 3 - HC-KAR NC: 2025:KHC:25187 RFA No. 598 of 2018 Because of dismissal of appeal, interim order granted if any stands discharged and pending interlocutory application if any are disposed of. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 1 Sl No.: 14