- 1 - HC-KAR NC: 2025:KHC:21660 RFA No. 285 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 285 OF 2016 (MON) BETWEEN: SRI. B.N.SHIVAKUMAR S/O. NANJUNDAPPA, AGED ABOUT 54 YEARS, RESIDING AT NO.18/21, SHIVA KRUPA, 1ST MAIN ROAD, MARENAHALLI, VIJAYANAGARA, BANGALORE-560 040. …APPELLANT (BY SRI. B.C.MALLIKARJUNA., ADVOCATE [ABSENT]) AND: SRI. S.RAMESH S/O. B.SIDDACHARI, AGED ABOUT 40 YEARS, RESIDING AT OLD NO.80, NEW NO.18, II CROSS, ANUBHAVANAGAR, NAGARABHAVI ROAD, BENGALURU-560 072. …RESPONDENT (V/O DATED: 07.06.2023-HELD SUFFICIENT) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF THE CPC. THIS REGULAR FIRST APPEAL IS LISTED FOR HEARING, THIS DAY, AN ORDER IS MADE AS UNDER: Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21660 RFA No. 285 of 2016 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. As could be seen from the daily order sheet, the appeal was listed on 19.06.2025, on that day, though matter called twice, there was no representation on behalf of the appellant. Hence, it was ordered to be listed on 23.06.2025 under the caption ‘for dismissal'. The appeal is listed today under the caption ‘for dismissal'. 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 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.: 31