- 1 - NC: 2025:KHC:366 RFA No. 1170 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 1170 OF 2023 (DEC/INJ) BETWEEN: 1. SRI. B.C.VENKATASWAMY S/O LATE CHINNAPPA, AGED ABOUT 57 YEARS, R/AT NO 93, 3RD CROSS, MUNESHWARA BLOCK, MAHALAKSHMI LAYOUT, BANGALORE-560 086. SINCE DEAD REPRESENTED BY HIS LEGAL REPRESENTATIVES, SMT. MUNIYAMMA W/O LATE B.C.VENAKATASWAMY, AGED ABOUT 59 YEARS, R/AT NO 20, 8TH CROSS, J.C.NAGAR, BANGALORE-560 086. …APPELLANT (BY SRI. MAHABALESHWAR.G.C., ADVOCATE [ABSENT]) AND: 1. SRI PRAKASH SHETTY S/O M GOPAL SHETTY, AGED ABOUT 49 YEARS, R/AT NO 58, 2ND CROSS, S.V.K.LAYOUT, BASAVESHWARA NAGARA, BANGALORE-560 079. 2. SRI K.S.MALLAPPA GOWDA S/O SUBBANNA GOWDA, AGED ABOUT 60 YEARS, RESIDING AT NO 77, 2ND STAGE, Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:366 RFA No. 1170 of 2023 WEST OF CHORD ROAD, 2ND PHASE, MAHALAKSHMIPURA, BANGALORE-560 086. 3. SMT T.GOWRI W/O T.SAMBANDAM, AGED ABOUT 42 YEARS, R/AT NO.743, 'VANI VILAS', 4TH 'E' MAIN, 2ND STAGE, WEST OF CHORD ROAD, BANGALORE-560 086. …RESPONDENTS THIS REGULAR FIRST APPEAL IS FILED UNDER ORDER 41 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 before Registrar (P & H) and also before the Court on several dates and sufficient time was granted to comply with the office objections. Despite granting time, office objections are not complied with as of today. - 3 - NC: 2025:KHC:366 RFA No. 1170 of 2023 The appeal is listed today for orders regarding non- compliance of office objections for the fourth time. A perusal of the entire order sheet reveals that despite giving sufficient time, the office objections are not complied with. Furthermore, the appeal is filed in the year 2023. Now we are in the month of January 2025. The appeal is pending for almost two years. 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 and also for non- compliance of office objections. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 2 Sl No.: 10