- 1 - NC: 2025:KHC:2204 RFA No. 1383 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. 1383 OF 2023 (PAR) BETWEEN: RUKAMMA D/O LATE NARAYANAPPA, NOW AGED ABOUT 62 YEARS, RESIDING AT HORAMAVU VILLAGE, K.R.PURAM HOBLI, BENGALURU EAST TALUK, BENGALURU-560 043. …APPELLANT (BY SRI. T.H.CHIKKAVENKATE GOWDA, SRI. M.N.RAMENDRA., ADVOCATES [ABSENT]) AND: 1. SMT MUTTAMMA W/O LATE NARAYANAPPA, SINCE DECEASED BY LRS SRI. MANJUNATH S/O SRI. JAYABALA, AGED ABOUT 36 YEARS, R/AT NO.253/1, HORAMAVU, KALKERE MAIN ROAD, BENGALURU-540 043. 2. SRI. JAYABALA S/O LATE NARAYANAPPA, AGED ABOUT 68 YEARS, 3. SRI. NAGRAJU S/O LATE NARAYANAPPA, AGED ABOUT 58 YEARS, Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:2204 RFA No. 1383 of 2023 4. SRI. HANUMANTHA S/O LATE NARAYANAPPA, AGED ABOUT 58 YEARS, 5. SRI. VENKATESH S/O LATE NARAYANAPPA, AGED ABOUT 53 YEARS, RESPONDENT NO.2 TO 5 ARE RESIDING AT HORAMAVU VILLAGE, K.R.PURAM HOBLI, BENGALURU EAST TALUK, BENAGLURU-560 043. 6. SMT. VIMAL C.PAUL W/O D. J. PAUL, AGED BOUT 58 YEARS, R/AT NO.42, 3RD CROSS, VIVEKANANDANAGAR, BENGALURU-560 033. 7. SRI. N.SATHYANARAYANA SETTY, S/O S. NARARAJA SETTY, AGED ABOUT 68 YEARS, R/AT NO. P-19, 2ND CROSS, NAGAPPA BLOCK, BENGALURU-560 021. 8. SMT. S.MARY STELLA W/O K.DEVADAYALAN, AGED ABOUT 55 YEARS, R/AT NO.1, 2ND CROSS, ANNIPURA, K.H. ROAD, BENGALURU-560 027. 9. SRI. C.K POOVAIAH S/O LATE C.P KALAPPA, R/AT NO. 368/A, 6TH MAIN ROAD, BANASHANKARI, 3RD STAGE, NAGENDRA BLOCK, BENGALURU-560 050. - 3 - NC: 2025:KHC:2204 RFA No. 1383 of 2023 10. SRI. G.B.KESHAV S/O G.R.BADRINARAYANA, AGED ABOUT 60 YEARS, R/AT 4TH PARALLEL ROAD, DURGIGUDI EXTENSION, SHIMOGA-577 201. 11. SRI. T.R.RAJAGOPAL S/O T.C.RATHNAM, AGED ABOUT 67 YEARS, R/AT NO.4, CRK MATT ROAD, 1ST CROSS, PALANEVENDORGODEV STREET, ULSOOR, BENGALURU -560 008. 12. SMT. ESTHR PRASANNA KUMAR W/O REV.P.K.SAMUEL, AGED ABOUT 50 YEARS, R/AT NO.28, MEMORIAL STREET, BHARATHI NAGAR, BENGLURU-560 049. 13. SRI. B.S.SURESH S/O LATE B.SATHYANARAYANA, AGED ABOUT 49 YEARS, R/AT NO.39, 'ANUGRAHA', 2ND CROSS, ITTAMADU LAYOUT, BSK 3RD STAGE, 3RD PHASE, BENGALURU-560 085. 14. SRI.M.C.RANGANNA S/O M.S.CHAKRAPANI IYANGAR, AGED ABOUT 65 YEARS, R/AT NO. 1636, I FLOOR, NORTHERN EXTENSION, HASSAN-573 201. 15. SRI. G. RAMAIAH S/O LATE GURUMURTHAPPA, AGED ABOUT 56 YEARS, - 4 - NC: 2025:KHC:2204 RFA No. 1383 of 2023 16. SRI. P.SRINIVAS S/O PAPANNA, AGED ABOUT 60 YEARS, 17. SRI. P.PUTTASWAMY S/O PAPANNA, AGED ABOUT 58 YEARS, 18. SRI.RAMADAS S/O PAPANNA, AGED ABOUT 55 YEARS, RESPONDENT NO. 15 TO 18 ARE R/AT HORAMAVU VILLAGE, K.R.PURAM HOBLI, BENGALURU EAST TALUK, BENGALURU - 560 043. …RESPONDENTS 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 appellant is 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 and sufficient time was granted to comply with the office objections. Once again - 5 - NC: 2025:KHC:2204 RFA No. 1383 of 2023 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 appellant 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 appellant. Despite granting sufficient time, the appellant has not complied with the office objections. It appears that the appellant is not interested in 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.: 41