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2025 DAILYLAW 21675 (KAR)

MR R MALLIKARJUNA v. SMT R KATHYAYINI

RFA/1/2017 · 2025-06-17

Jyoti Mulimani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:20786 RFA No. 01 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 01 OF 2017 (PAR) BETWEEN: MR. R.MALLIKARJUNA S/O LATE B.RUDRAIAH, AGED ABOUT 62 YEARS, R/AT NO.7, RAILWAY PARALLEL ROAD, NEHRU NAGAR, BENGALURU - 560 020. …APPELLANT (BY SRI. JAGADEESH MUNDARGI., ADVOCATE [ABSENT]) AND: SMT. R.KATHYAYINI D/O LATE B.RUDRAIAH, AGED ABOUT 36 YEARS, ADDRESS AS GIVEN IN THE COURT BELOW, NO.7, RAILWAY PARALLEL ROAD, NEHRU NAGAR, BENGALURU - 560 020. AND THE CORRECT ADDRESS IS NO. 62, 1ST CROSS, 3RD STAGE, 4TH BLOCK, BASAVESWARANAGAR, BENGALURU - 560 079. …RESPONDENT (BY SRI. B.M.HALASWAMY., ADVOCATE) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF THE CPC. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20786 RFA No. 01 of 2017 THIS REGULAR FIRST APPEAL IS LISTED FOR HEARING, 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. Sri.B.M.Halaswamy., counsel for the respondent has appeared in person. As could be seen from the daily order sheet, the appeal was listed on 31.01.2024, on that day, there was no representation on behalf of the appellant. The appeal is listed today. As already noted above, today also there is no representation on behalf of the appellant. As could be seen from the appeal papers, the appeal is filed in the year 2017. Now we are in the month of June 2025. The appeal is pending from eight years. It appears that the appellant is not interested in prosecuting the appeal. Hence, the appeal is dismissed for non-prosecution. - 3 - HC-KAR NC: 2025:KHC:20786 RFA No. 01 of 2017 Because of dismissal of the 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.: 59