- 1 - NC: 2025:KHC:3607 RFA No. 968 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 968 OF 2016 (INJ) BETWEEN: SRI. A.N.YOGANANDA S/O G.NOMISWARAN, AGED ABOUT 39 YEARS, R/O NO.42, RAGHAVENDRA COLONY, VIDYARANYAPURA, BANGALORE-560 097. …APPELLANT (BY SRI. RAKSHIT KUMAR., ADVOCATE [ABSENT]) AND: 1. SRI.SRIDHARAN S/O NARAYANACHAR, AGED ABOUT 36 YEARS, NO.11, NEW NO.245, 8TH "C" MAIN, SRINIDHI LAYOUT, VIDYARANYAPURA, BANGALORE-560 009. 2. SRI SYED ZABI S/O SYED MAHABOOB, AGED ABOUT 37 YEARS, R/O NO.77, IIND CROSS, MOSQUE ROAD, MOHAMMED SAB PALYA MAIN ROAD, VIDYARANYAPURA POST, BANGALORE-560 097. 3. SRI SYED MAHABOOB S/O SYED NOOR AHAMED, AGED ABOUT 61 YEARS, Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:3607 RFA No. 968 of 2016 R/O NO.77, IIND CROSS, MOSQUE ROAD, MOHAMMED SAB PALYA MAIN ROAD, VIDYARANYAPURA POST, BANGALORE-560 097. …RESPONDENTS (R2 & 3 ARE SERVED AND UNREPRESENTED; NOTICE TO R1-DISPENSED WITH V/O DATED:23.06.2023) 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 Though matter called twice, 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 21.01.2025, 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 27.01.2025. The appeal is listed today for appearance of counsel of the appellant. As already noted above, though matter called twice, the appellant is not represented. It appears that the - 3 - NC: 2025:KHC:3607 RFA No. 968 of 2016 appellant is not interested in prosecuting the appeal. Hence, the Regular First Appeal is dismissed for non-prosecution. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 1 Sl No.: 36