Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 28651 (KAR)

SRI M MUNISWAMY v. SMT MANI

RFA/1237/2016 · 2025-07-02

Jyoti Mulimani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:23567 RFA No. 1237 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 1237 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, 3RD CROSS, LALBAGH ROAD, BANGALORE-560 027. …APPELLANT (BY SRI. GURUPRASAD.A., ADVOCATE [ABSENT]) AND: 1. SMT. MANI S/O LATE SHEKAR, AGED ABOUT 50 YEARS, R/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:23567 RFA No. 1237 of 2016 BANGALORE-560 001. REPRESENTED BY ITS SECRETARY. …RESPONDENTS (BY SRI. K.S.SRIKANTH., ADVOCATE FOR R2; V/O DATED: 10.07.2023-APPEAL AGAINST R1-DISMISSED AS ABATED) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96(1) OF THE CODE OF CIVIL PROCEDURE, 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 called out, the advocate must be present. The absence may affect the case. As could be seen from the daily order sheet, the appeal was listed on 20.06.2025, on that day, there was no representation on behalf of the appellant. Hence, the appeal was ordered to be listed under the caption 'for dismissal' on 02.07.2025. The appeal is listed today. As already noted above, when the case is called, the appellant is not represented. As could be seen from the appeal papers, the appeal is filed in the year 2016. Now we are in the month of July 2025. The appeal is - 3 - HC-KAR NC: 2025:KHC:23567 RFA No. 1237 of 2016 pending from nine years. It appears that the appellant is not interested in prosecuting the appeal. Hence, the appeal is dismissed for non-prosecution. Because of dismissal of 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.: 12