- 1 - NC: 2025:KHC:2203 RFA No. 1333 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 1333 OF 2023 (PAR) BETWEEN: 1. SMT.MUNILAKSHMI W/O SAGAI, AGED ABOUT 31 YEARS, R/AT NO.270, THARAGUPE II STAGE, CARMEL CHURCH BACKSIDE, KANAKAPURA MAIN ROAD, BENGALURU-560 082. 2. SMT RUPA, W/O RAVI, AGED ABOUT 28 YEARS, R/AT NO.50, SLV NILAYA, 17TH 'B' CROSS, JSS SCHOOL MAIN ROAD, KANAKAPURA MAIN ROAD, KONANAKUNTE, BENGALURU-560 062. …APPELLANTS (BY SRI. V.ANAND., ADVOCATE [ABSENT]) AND: 1. SMT. PAPAMMA W/O LATE MUNISWAMAIAH, AGED ABOUT 58 YEARS, 2. M.S.SHANKAR SINCE DEAD, S/O LATE MUNISWAMAIAH, AGED ABOUT 55 YEARS, SINCE DEAD BY LR'S, 2(a) TO 2(e) Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:2203 RFA No. 1333 of 2023 2(a) SMT.SAVITHRAMMA, W/O LATE M.SHANKAR, AGED ABOUT 57 YEARS, 2(b) SMT LAKSHMI D/O LATE M SHANKAR, AGED ABOUT 43 YEARS, 2(c) SRI S MANJUNATHA S/O LATE M SHANKAR, AGED ABOUT 41 YEARS, 2(d) S PRABHU S/O LATE M.SHANKAR, AGED ABOUT 39 YEARS, 2(e) S RAMU S/O LATE M SHANKAR, AGED ABOUT 36 YEARS, RESPONDENT NO.1, 2(a) TO 2(e) ARE RESIDING AT R/AT NO.22, 3RD FLOOR, 1ST CROSS, KARAGAPPA GARDEN, SHAMPANGIRAM NAGAR, BANGALORE-560 027. 3. M BABU S/O LATE MUNISWAMAIAH, AGED ABOUT 35 YEARS, 4. SRI MUNEYENDRA S/O LATE MUNISWAMAIAH, AGED ABOUT 51 YEARS, RESPONDENT NO.3 AND 4 ARE R/AT MULLUR VILLAGE, BANGALORE SOUTH TALUK, AT PRESENT R/AT NO.13, 19TH CROSS, S R NAGAR, BANGALORE-27. - 3 - NC: 2025:KHC:2203 RFA No. 1333 of 2023 5. SRI S.M.MUNIYAPPA, S/O MUNIYAPPA, AT PRESENT WORKING AS A TEACHER, GOVERNMENT PRIMARY SCHOOL, BHEEMAPURA, SHIVANAPURA POST, NANDAGUDI HOBLI, HOSKOTE TALUK, BANGALORE DISTRICT-562 122. 6. 6(a) SMT S.M.MUNIYAMMA @ MUNA SINCE DEAD BY LRS, 2(a) TO 2(h) VENKATASWAMY S/O LATE CHENAPPA, AGED ABOUT 45 YEARS, BINNAMANGALO VILLAGE, DENKANIKOTE TALUK, KRISHNAGIRI DISTRICT, TAMIL NADU-635 107. 6(b) MAHADEVA S/O LATE CHENAPPA, AGED ABOUT 43 YEARS, THARALU ESTATE, THARALU POST, UTTARHALLI HOBLI, BANGALORE SOUTH, BANGALORE-560 072. 6(c) SMT. NAGAMMA W/O NARAYANAPPA, AGED ABOUT 41 YEARS, HOSAKOTE HULLI MANGALA VILLAGE, LAKKURU HOBLI, MALLURU TALUK, KOLAR DISTRICT-563 130. 6(d) SMT MUNIRATHNAMMA W/O DEVARAJU, AGED ABOUT 35 YEARS, NO.2/65, MATHKURU MADAGONDANAPALLY VILLAGE AND POST, - 4 - NC: 2025:KHC:2203 RFA No. 1333 of 2023 DENKANIKOTE TALUK, KRISHNAGIRI DISTRICT-635 114. 6(e) MANJU S/O L.CHENNAPPA, AGED ABOUT 33 YEARS, BINNAMANGALA VILLAGE, DENKANIKOOTE, KRISHNAGIRI DISTRICT, TAMIL NADU-635 107. 6(h) VINODHA W/O KUMAR, AGED ABOUT 25 YEARS, NO 251, BILLINAKOTE POST, NELAMANGALA TALUK, SOMPURA HOBLI, BANGALORE RURAL DISTRICT-562 111. 7. K.SHIVASHANKAR REDDY S/O REDDY, AGED ABOUT 36 YEARS, R/AT NO 12, 1ST FLOOR, 1ST CROSS, 10TH MAIN ROAD, PATEL LAYOUT, VARTHUR, BANGALORE EAST TALUK, BANGALORE-560 087. 8. G.MADHU S/O REDDY, AGED ABOUT 36 YEARS, R/AT GONIGATTAPURA VILLAGE, KUGUR POST, SARJAPUR HOBLI, ANEKAL TALUK, BANGALORE-562 125. …RESPONDENTS THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 OF THE CPC, 1908. THIS REGULAR FIRST APPEAL IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: - 5 - NC: 2025:KHC:2203 RFA No. 1333 of 2023 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 before Registrar (P & H) on several dates and sufficient time was granted to comply with the office objections. Again the appeal was listed before the Court on several dates and sufficient time was granted to comply with the office objections. Once again 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’ and also for appearance of counsel for the appellants on 20.01.2025. The appeal is listed today under the caption ‘for dismissal of appeal for non-compliance of office objections’ and also for appearance of counsel for the appellants. Despite granting sufficient time, the appellants have not complied with the office objections. It appears that the appellants are not interested in - 6 - NC: 2025:KHC:2203 RFA No. 1333 of 2023 prosecuting the appeal. In view of peremptory 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.: 40