- 1 - NC: 2025:KHC:1186 RFA No. 1473 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. 1473 OF 2023 (PAR) BETWEEN: SRI. N.GAJARAJA S/O LATE D.NARAYANAPPA, AGED ABOUT 63 YEARS, R/AT NO. 172, NEAR NAGASHETTY HALLI BUS STAND, SANJAYNAGAR POST, BANGALORE-560 094. …APPELLANT (BY SRI. SUDHINDRA.S.A., ADVOCATE [ABSENT]) AND: 1. SRI. N.NAGARAJ, HMT SINCE DEAD BY HIS LR'S SMT. S.MANJULA, W/O LATE N.NAGARAJ, AGED ABOUT 64 YEARS, 2. N.MADHUSUDHAN S/O LATE N.NAGARAJ, AGED ABOUT 40 YEARS, 3. N.CHAITHRA D/O LATE NAGARAJ, AGED ABOUT 36 YEARS, RESPONDENTS NO.1 TO 3 ALL ARE R/AT NO. 22, 1st FLOOR, 11th CROSS, ACL LAYOUT, ST. ANTONY SCHOOL, Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:1186 RFA No. 1473 of 2023 RAMAMURTHYNAGAR, BANGALORE-16. 4. SMT. ANANDAMMA W/O LATE SUNDAR RAJ, AGED ABOUT 40 YEARS, R/O KOIRA VILLAGE, DEVANAHALLI TALUK, BANGALORE DISTRICT. 5. MR. AJAY S/O LATE SUNDAR RAJ, AGED ABOUT 23 YEARS, 6. KUMARI ARCHARNA S/O LATE SUNDAR RAJ, AGED ABOUT 19 YEARS, RESPONDENT NO.4 TO 6 R/AT KAIRA VILLAGE, DEVANAHALLI TALUK-562 110. BANGALORE DISTRICT. 7. SMT. LAKSHMI D/O LATE D.NARAYANAPPA, W/O MANJUNATH, AGED ABOUT 53 YEARS, R/AT IVARAKANDAPURA, HESARAGHATTA HOBLI, T B POST-560 088. BANGALORE NORTH TALUK. 8. SRI. GOVINDARAJ S/O LATE D.NARAYANAPPA, AGED ABOUT 53 YEARS, R/AT JALAHALLI, JALAHALLI POST, BANGALORE-560 013. 9. SRI. BASAVARAJ S/O LATE D.NARAYANAPPA, AGED ABOUT 51 YEARS, - 3 - NC: 2025:KHC:1186 RFA No. 1473 of 2023 R/AT JALAHALLI VILLAGE, JALAHALLI POST, BANGALORE-560 013. 10. SRI. KRISHNA MURTHY ACHARYA S/O LATE ANANTHA ACHARYA, AGED ABOUT 59 YEARS, R/AT NO. 28, 2nd FLOOR, M.R GARDEN, GEDDALAHALLI SANJAYNAGAR, BANGALORE-560 094. 11. SRI. K.L.ANANTHRAM S/O SRI. K R LAKSHMANA, AGED ABOUT 55 YEARS, R/AT NO.7, MUTTHURATHNA, 1st FLOOR, SRIMATHA LAYOUT, SHARADAMBA NAGAR, JALAHALLI BANGALORE-560 013. 12. SRI. R.CHANDRASHEKARAIAH, S/O LATE RAMAKRISHNA BHAT, AGED ABOUT 74 YEARS, R/AT NO.S. 128, 5th MAIN, SHARADAMBA NAGAR, JALAHALLI, BANGALORE-560 013. 13. K.C.PRAKASH S/O SRI. K.V.CHANDRASHEKAR, AGED ABOUT 60 YEARS, R/AT NO. 161, 1st FLOOR, 7th CROSS, 1st N BLOCK, RAJAJINAGAR, BANGALORE-560 010. 14. SRI. KESHAVAMURTHY S.N. S/O S.NARASIMHA MURTHY, AGED ABOUT 63 YEARS, R/AT NO. 30, 2nd G MAIN, 2nd A CROSS, MUTHYALANAGAR, BANGALORE-560 054. - 4 - NC: 2025:KHC:1186 RFA No. 1473 of 2023 15. K.V.EZHIL S/O K.VADIVEL, AGED ABOUT 57 YEARS, NO. 15, GROUND FLOOR, GURUKRUPA, KRISHNA TEMPLE ROAD, DODDABOMMASANDRA, VIDYARANYAPURA POST, BENGALURU-560 097. …RESPONDENTS (BY SRI. MURALI.M., ADVOCATE C/R10) 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. The appeal is listed today for orders regarding non- compliance of office objections for the fourth 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. - 5 - NC: 2025:KHC:1186 RFA No. 1473 of 2023 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 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.: 3