- 1 - HC-KAR NC: 2025:KHC:23327 RFA No. 475 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 475 OF 2016 (MON) BETWEEN: 1. SMT. LAKSHMAMMA WIFE OF LATE G.VENKATESH, AGED ABOUT 52 YEARS, 2. SRI. RAGHU SON OF LATE G.VENKATESH, AGED ABOUT 31 YEARS, BOTH ARE RESIDING AT HOUSING BOARD COLONY, H.D.KOTE TOWN, MYSORE DISTRICT-571 125. …APPELLANTS (BY SRI. SHAMANTH NAIK., ADVOCATE [ABSENT]) AND: 1. SRI. ABDUL JABBAR S/O LATE MD.GYBE SAB, AGED ABOUT 81 YEARS, R/AT D.NO.863, NARAYANA SHASTRY ROAD, CHAMARAJA MOHALLA, MYSORE-570 004. 2. SRI. R.V.RAMESH JUNIOR ENGINEER, AGED ABOUT 43 YEARS, R/AT D.NO.1295/A, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23327 RFA No. 475 of 2016 3RD MAIN, 6TH CROSS, VIVEKANANDA NAGAR, MYSURU-570 004. 3. SRI. THIMMAIAH ASST. EXECUTIVE ENGINEER, H.D.KOTE, SUB-DIVISION, H.D.KOTE, MYSORE DISTRICT-571 125. 4. SRI. SATHYANARAYANA EXECUTIVE ENGINEER, K.A.D.A. OFFICE ATTACHED TO PALACE OFFICE, NEW SAYYAJI RAO ROAD, MYSURU-570 024. 5. THE EXECUTIVE ENGINEER, STATE HIGH WAY DIVISION, PWD, HUNSUR, MYSURU-571 105. 6. THE SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BANGALORE-560 001. 7. THE CHIEF ENGINEER, P.W.D. SOUTH ZONE, K.R.CIRCLE, BENGALURU-560 001. 8. THE SUPERINTENDING ENGINEER, P.W.D. MYSORE CIRCLE, NAZARBAD, MYSURU-570 001. - 3 - HC-KAR NC: 2025:KHC:23327 RFA No. 475 of 2016 9. STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, VIDHANA VEEDHI, BENGALURU-560 001. …RESPONDENTS (BY SRI. MANJUNATH.B., AGA FOR R5 TO 9; R1 & 4 ARE SERVED AND UNREPRESENTED) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF THE CODE OF CIVIL PROCEDURE. THIS REGULAR FIRST APPEAL IS LISTED FOR ORDERS, 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 called out, the advocate must be present. The absence may affect the case. Sri.Manjunath.B., AGA for respondents 5 to 9 has appeared in person. As could be seen from the daily order sheet, the appeal was listed on 23.06.2025, on that day, there was no representation on behalf of the appellants. Hence, for appearance of counsel for the appellants, the appeal was ordered to be listed on 01.07.2025. It was also ordered that if - 4 - HC-KAR NC: 2025:KHC:23327 RFA No. 475 of 2016 none appears for the appellants on the next date of hearing, the appeal will be dismissed for non-prosecution. The appeal is listed today. As already noted above, when the case is called, the appellants are not represented. In view of earlier peremptory order, 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 TKN List No.: 1 Sl No.: 12.1