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2025 DAILYLAW 25233 (KAR)

SRI. KUMAR v. THE COMMISSIONER

RFA/1372/2018 · 2025-06-20

Jyoti Mulimani

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:21423 RFA No. 1372 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 1372 OF 2018 (INJ) BETWEEN: SRI. KUMAR S/O LATE MUNIYAPPA, R/AT NO.7, BILEKAHALLI VILLAGE, BEGUR HOBLI, BENGALURU SOUTH TALUK, BENGALURU URBAN DISTRICT, BENGALURU-560 076. …APPELLANT (BY SRI. GAURAV., ADVOCATE [ABSENT]) AND: 1. THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY, CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-20. 2. EXECUTIVE ENGINEER, BANGALORE DEVELOPMENT AUTHORITY, BANASHANKARI II STAGE, BDA SHOPPING COMPLEX, BENGALURU-70. …RESPONDENTS (BY SRI. MURUGESH.V.CHARATI., ADVOCATE) Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21423 RFA No. 1372 of 2018 THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 READ WITH ORDER XLI 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 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 18.06.2025, 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 19.06.2025. 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. - 3 - HC-KAR NC: 2025:KHC:21423 RFA No. 1372 of 2018 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.: 19