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2025 DAILYLAW 26054 (KAR)

SMT. YASHODAMMA. H. N. v. SRI. LINGARAJU. M. B.

RFA/1281/2023 · 2025-01-17

Jyoti Mulimani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:1991 RFA No. 1281 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 1281 OF 2023 (MON) BETWEEN: 1. SMT. YASHODAMMA.H.N. W/O GUDDE GOWDA H.D., AGED ABOUT 45 YEARS, 2. KUM. MAMATHA D/O GUDDE GOWDA H.D,. AGED ABOUT 45 YEARS, 3. GUDDE GOWDA H.D. S/O DODDAIAH, AGED ABOUT 52 YEARS, ALL ARE R/O NO.44, 1ST CROSS, 1ST MAIN, LAKSHMAN NAGAR, HEGGANAHALLI, BENGALURU-560 091. …APPELLANTS (BY SRI. SHAIKH SAOUD., ADVOCATE [ABSENT]) AND: SRI. LINGARAJU.M.B. S/O LATE BASAVARAJAIAH, AGED ABOUT 54 YEARS, R/O NO.48, 3RD CROSS, NEAR GANESHA TEMPLE, GAJAANA NAGAR, HEGGANAHALLI CROSS, Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:1991 RFA No. 1281 of 2023 BENGALURU-91. MOB NO.9900305996. …RESPONDENT THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 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 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 07.01.2025, on that day, finally a week’s time was granted to comply with the office objections, failing which the office was directed to list the appeal under the caption ‘for dismissal of appeal for non-compliance of office objections’ on 17.01.2025. The appeal is listed today under the caption ‘for dismissal of appeal for non-compliance of office objections’. Despite granting sufficient time, the appellants have not complied with the office objections. It appears that the appellants are not interested in prosecuting the appeal. In view of peremptory - 3 - NC: 2025:KHC:1991 RFA No. 1281 of 2023 order dated 07.01.2025, the appeal is dismissed for non- prosecution and also for non-compliance of office objections. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 1 Sl No.: 11