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2025 DAILYLAW 21226 (KAR)

SRI.M.K.R.CHANDRAN v. MS.N.RAJANI

RFA/735/2024 · 2025-01-16

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC:1773 RFA No. 735 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 735 OF 2024 BETWEEN: SRI. M.K.R.CHANDRAN S/O SRI. KRISHNAN.M.A., AGED ABOUT YEARS, RA/T NO. 185, 01, FARAHA COURT, 5TH MAIN ROAD, DEFENCE COLONY, INDIRANAGAR, BENGALURU-560 038. RERPESENTED BY HIS SPA HOLDER, SRI. MANJUNATH TANGAVELU, S/O TANGAVELU, AGED ABOUT 29 YEARS, R/AT NO.19, 2ND CROSS, NEAR BSNL OFFICE, GUMMAIAH LAYOUT, PADMANABHANAGAR, BENGALURU-560 061. …APPELLANT (BY SRI. R.L.N.MURTHY., ADVOCATE [ABSENT]) AND: 1. MS.N.RAJANI D/O LATE NARAYAN, AGED ABOUT 40 YEARS, R/AT NO. 298, 26TH CROSS, B.S.K. II STAGE, BENGALURU-560 070. 2. SRI. B.N.NANJUNDASWAMY S/O NANJUNDAIAH, Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:1773 RFA No. 735 of 2024 AGED ABOUT 60 YEARS, THE PORTION OF THE HOUSE IN SY.NO. 38 AND 38/1, AND WARD NO.55, BEARING MUNICIPAL NO.21, KADARENAHALLI, BSK II STAGE, PADMANABHANAGAR, BENGALURU-560 070. NOW HE IS NOT RESIDING IN THE ABOVE PREMISES AND HE IS RESIDING AT NO. HEJA VILLAGE, BIDADI HOBLI, RAMANAGARA TALUK, BENGALURU-561 076. …RESPONDENTS (BY SRI. SRINIVASA GOWDA.M., ADVOCATE R1 & ALSO C/R) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 READ WITH UNDER ORDER 41 RULE 1 OF THE CPC, 1908. 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 is called out, the advocate must be present. His absence may affect the case. As could be seen from the daily order sheet, the appeal was listed on 15.01.2025, on that day, when the matter was called, there was no representation on behalf of the appellant, either personally or through video conferencing. Hence, for appearance of counsel for the appellant it was ordered to be listed on 16.01.2025. - 3 - NC: 2025:KHC:1773 RFA No. 735 of 2024 The appeal is listed today for appearance of counsel of the appellant. As already noted above, when the case is called, 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 and also for non- compliance of office objections. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 1 Sl No.: 3