- 1 - NC: 2025:KHC:6708 RFA No. 673 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 673 OF 2018 (INJ) BETWEEN: 1. RAJENDRA KRISHEN SOOD S/O LATE B.K.SOOD, AGED ABOUT 63 YEARS, 2. SMT. KAMALA RANI SOOD, W/O LATE B.K.SOOD, AGED ABOUT 87 YEARS, BOTH ARE RESIDING AT NO.1027, GROUND FLOOR, 71ST CROSS, 5TH BLOCK, RAJAJINAGAR, BANGALORE-560 010. …APPELLANTS (BY SRI. CHANDRAMOULI.B.G., ADVOCATE [ABSENT]) AND: 1. SRIDHAR GANAPATHY PALENKAR S/O GANAPATHY RAMACHANDRA PALENKAR, AGED ABOUT 64 YEARS, 2. SMT. PRAMILA SREEDHAR PALENKAR W/O SREEDHAR GANAPATHY PALENKAR, AGED ABOUT 48 YEARS, R/AT NO.1027/136, 71ST "A" CROSS, 5TH BLOCK, RAJAJINAGAR, 20TH MAIN, BANGALORE-560 010. …RESPONDENTS (BY SRI. GANESH GOUDA., ADVOCATE FOR SRI. NAGENDRA KUMAR.K., ADVOCATE FOR R1 & 2) Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:6708 RFA No. 673 of 2018 THIS REGULAR FIRST APPEAL IS FILED UNDER ORDER 41 RULE 1 READ WITH SECTION 96 OF THE CPC, 1908. THIS REGULAR FIRST APPEAL IS LISTED FOR FINAL HEARING, 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 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 14.08.2023, on that day, counsel Sri.B.G.Chandra Mouli., undertook to appear for the appellants. Again the appeal was listed on several dates, however, counsel for the appellants has not filed the Vakalath on behalf of the appellants. Once again the appeal was listed on 20.01.2025, 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 14.02.2025. The appeal is listed today for appearance of counsel of the appellants. As already noted above, when the case is called, the appellants are not represented. It appears that the - 3 - NC: 2025:KHC:6708 RFA No. 673 of 2018 appellants are not interested in prosecuting the appeal. Hence, the Regular First Appeal is dismissed for non-prosecution. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 1 Sl No.: 18