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2025 DAILYLAW 27535 (KAR)

SRI M MUNISWAMY v. SRI MANIVANNAN

RFA/1236/2016 · 2025-06-20

Jyoti Mulimani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:21429 RFA No. 1236 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 1236 OF 2016 (DEC/INJ) BETWEEN: SRI. M.MUNISWAMY S/O LATE MUNIYAN, AGED ABOUT 71 YEARS, R/AT NO.1/1, (OLD NO.45), K.S.GARDEN, 3RD CROSS, LALBAGH ROAD, BANGALORE-560 027. REPRESENTED BY GENERAL POWER OF ATTORNEY HOLDER, SRI. M.BALASUBRAMANYAM, S/O SRI. M.MUNISWAMY, AGED ABOUT 50 YEARS, R/AT N.1/1, (OLD NO.45), K.S.GARDEN, 4TH CROSS, LALBAGH ROAD, BANGALORE-560 027. …APPELLANT (BY SRI. GURU PRASAD.A., ADVOCATE [ABSENT]) AND: 1. SRI. MANIVANNAN S/O LATE SRI. RAMESH, AGED ABOUT 32 YEARS, RESIDING AT PORTION OF NO.1/1, K.S.GARDEN, 3RD CROSS, LALBAGH ROAD, BANGALORE-560 027. 2. KARNATAKA SLUM CLEARANCE BOARD, SHESHADRIPURAM, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21429 RFA No. 1236 of 2016 BANGALORE-560 001. REPRESENTED BY ITS SECRETARY. …RESPONDENTS (R1-DISMISSED AS ABATED V/O DATED:11.07.2023; BY SRI T.S.VENKATESH., ADVOCATE FOR R2) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 (1) OF THE CPC, 1908. THIS REGULAR FIRST APPEAL IS LISTED FOR FURTHER 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 called out, the advocate must be present. The absence may affect the case. As could be seen from the appeal papers, the appeal is filed in the year 2016. Now we are in the month of June 2025. The appeal is pending from nine years. As already noted above, when the case is called, the appellant is not represented. It appears that the appellant is not interested in prosecuting the appeal. Hence, the appeal is dismissed for non-prosecution. - 3 - HC-KAR NC: 2025:KHC:21429 RFA No. 1236 of 2016 Because of dismissal of the appeal, interim order granted if any stands discharged and pending interlocutory applications if any are disposed of. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 1 Sl No.: 40