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2025 DAILYLAW 27871 (KAR)

M.V. ALAGESAN v. BASAVARAJU C.

RFA/1456/2023 · 2025-01-13

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC:1188 RFA No. 1456 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 1456 OF 2023 (EJE) BETWEEN: M.V.ALAGESAN S/O M.R.VENKATESAN, AGED ABOUT 55 YEARS, NO.98, 2ND FLOOR, 98, 6/1A, (OLD NO. 2073), 2ND CROSS, 'SRI. SAI NIVAS', HOYSALANAGAR, SUNKADAKATTE, NEAR RAMAKRISHNA TENT HOUSE, BENGALURU-560 091. …APPELLANT (BY SRI. INDRA DHANUSH., ADVOCATE [ABSENT]) AND: BASAVARAJU.C. S/O LATE CHANNARAMAIAH.C., AGED ABOUT 58 YEARS, R/AT NO. 98, 6/1A, (OLD NO. 2073), 2ND CROSS, 'SRI. SAI NIVAS', HOYSALANAGAR, SUNKADAKATTE, NEAR RAMAKRISHNA TENT HOUSE, BENGALURU-560 091. …RESPONDENT THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 26 READ WITH ORDER VII RULE 1 OF THE CPC, 1908. THIS REGULAR FIRST APPEAL IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:1188 RFA No. 1456 of 2023 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. The appeal is listed today for orders regarding non- compliance of office objections for the fifth time. As could be seen from the daily order sheet, the appeal was listed before the Registrar (P & H) and also before the Court and sufficient time was granted to comply with the office objections. Despite granting sufficient time, office objections are not complied with. As could be seen from the daily order sheet, the appeal was listed on 08.01.2025, on that day, there was no representation on behalf of the appellant, either personally or through video conferencing. Hence, for appearance of counsel for the appellant, the appeal was ordered to be listed on 13.01.2025. The appeal is listed today for appearance of counsel for the appellant. As already noted above, when the case is called, the appellant is not represented. It appears that the appellant - 3 - NC: 2025:KHC:1188 RFA No. 1456 of 2023 is not interested in prosecuting the appeal. Hence, the Regular First Appeal is dismissed for non-prosecution and also for non- compliance of office objections. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 1 Sl No.: 6