- 1 - HC-KAR NC: 2025:KHC:21659 RFA No. 816 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 816 OF 2019 (MON) BETWEEN: M/S. VISHWA CHETHANA TRUST REPRESENTED BY ITS CHAIRMAN, SRI B.V.PUTTE GOWDA, S/O LATE VENKATE GOWDA, AGED ABOUT 83 YEARS, NO.1665, 6TH MAIN ROAD, 6TH CROSS, HAMPI NAGARA, BENGALURU-560 104. …APPELLANT (BY SRI. RAJASHEKHARAPPA.D.R., ADVOCATE [ABSENT]) AND: SRI. M.S.MAHALINGAPPA S/O SRI.LATE M.SIDDARAME GOWDA, AGED ABOUT 79 YEARS, R/AT: NO.14/1, "PARVATI", BYRASANDRA MAIN ROAD, 1ST BLOCK, EAST JAYANAGARA, BENGALURU-560 011. …RESPONDENT (BY SRI. K.R.KUMAR. & SRI. B.R.PRABHULINGA MURTHY., ADVOCATE) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 WITH ORDER XXXXI 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 PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21659 RFA No. 816 of 2019 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. Sri.B.R.Prabhulinga Murthy., counsel for the respondent has appeared in person. As could be seen from the daily order sheet, the appeal was listed on 17.06.2025, on that day, when the matter was called, there was no representation on behalf of the appellant, either personally or through video conferencing. Hence, for appearance of counsel for the appellant it was ordered to be listed on 23.06.2025. The appeal is listed today for appearance of counsel of the appellant. 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 Regular First Appeal is dismissed for non-prosecution. - 3 - HC-KAR NC: 2025:KHC:21659 RFA No. 816 of 2019 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 MRP List No.: 1 Sl No.: 25