- 1 - NC: 2025:KHC:3097 RFA No. 907 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD REGULAR FIRST APPEAL NO. 907 OF 2015 (DEC/INJ) BETWEEN: SMT.H.H.SHAKUNTHALA W/O SRI S M BABU RAO AGED ABOUT 62 YEARS RESIDING AT NO.14, 5TH CROSS KALIDAS LAYOUT, SRINAGAR BANGALORE 560050 …APPELLANT (SMT. SHAKUNTHALA, APPELLANT [ABSENT]) AND: SRI ARASU @ URS @ ARASAIAH AGED ABOUT 47 YEARS RESIDING AT NO.21/15 5TH CROSS, KALIDASA LAYOUT SRINAGAR, BANGALORE 560050 …RESPONDENT THIS RFA IS FILED UNDER SECTION 96 R/W U/O XLI RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 19.12.2014 PASSED IN O.S.NO.9076/2003 ON THE FILE OF THE XIV ADDL. CITY CIVIL JUDGE, BENGALURU, DISMISSING THE SUIT FOR DECLARATION AND MANDATORY INJUNCTION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3097 RFA No. 907 of 2015 CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL JUDGMENT 1. The learned counsel for the appellant has filed a memo of retirement along with notice issued to the appellant and acknowledgement for having served the notice. 2. This court by order dated 19.08.2024 had directed the office to issue court notice to the appellant. However, the notice issued to the appellant has returned as ‘not residing in the address’. 3. The appellant is neither present nor engaged the services of any other counsel. It appears that the appellant is not interested in prosecuting the case. Hence, the appeal is dismissed for non-prosecution. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 23