- 1 - HC-KAR NC: 2025:KHC:20097 RFA No. 1432 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 1432 OF 2017 (DEC/INJ) BETWEEN: SRI. MADDURABHOVI S/O LATE DEKHAIAH, AGED ABOUT 60 YEARS, R/O DODDERI GURUVABHOVIPALYA, TAVAREKERE HOBLI, BENGALURU SOUTH TALUK. …APPELLANT (BY SRI. P.C.NITYANANDAN., ADVOCATE [ABSENT]) AND: 1. SRI YELLAPPA S/O LATE CHINNANNA, SINCE DECEASED, REPRESENTED BY SRI M.HANUMANTHAPPA, S/O BOREGOWDA, AGED ABOUT 61 YEARS, R/AT NO.4,TENT ROAD, GANESHA BLOCK, NANDINI LAYOUT, BENGALURU-560 096. 2. SRI. DASAPPA S/O GIRIYAPPA, AGE:MAJOR, R/AT NO.54, MUNESHWARA BLOCK, MAHALAKSHMIPURA, BENGALURU-560 086. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20097 RFA No. 1432 of 2017 3. SRI B.KRISHNA S/O A.BOREGOWDA, AGE: MAJOR, R/AT NO.4, 5TH CROSS, BHOPPASANDRA, BENGALURU-560 094. 4. THE CHAIRMAN, BENGALURU DEVELOPMENT AUTHORITY, KUMARA PARK WEST, BENGALURU-560 020. 5. SMT. SUSHEELAMMA W/O RAJANNA, AGE: MAJOR, GLOBE CONSTRUCTIONS, NO.314, 15TH MAIN, 1ST BLOCK, III STAGE, BASAVESHWARANAGARA, BENGALURU-560 079. 6. SRI. J.NAGARAJA S/O JAYARAM, AGE: MAJOR, J-29, 1ST MAIN, LAKSHMINARAYANAPURA, BENGALURU-560 021. 7. J.ANANDA S/O JAYARAM, AGE: MAJOR, J-29, 1ST MAIN, LAKSHMINARAYANAPURA, BENGALURU-560 021. 8. SMT.PARVATHAMMA W/O MUNITHIMMAIAH, AGE:MAJOR, R/AT NO.10,10TH MAIN SHIVANAGARA (SHIVANAHALLI), RAJAJINAGARA, BENGALURU-560 010. - 3 - HC-KAR NC: 2025:KHC:20097 RFA No. 1432 of 2017 9. SMT. SAROJAMMA W/O M.NAGARAJU, AGE: MAJOR, NO.99, LIC COLONY WEST OF CHORD ROAD, BENGALURU-560 086. 10. SMT. B.P.RATNA, D/O LATE PILLAPPA, AGE:MAJOR, NO.222, II MAIN, RAMACHANDRAPURAM, BENGALURU-560 021. 11. THE BENAKA ENGLISH SCHOOL, REP.BY ITS PRESIDENT, MUNESHWARA BLOCK, MAHALAKSHMIPURA, BENGALURU-560 086. 12. R.NAGESH S/O G.RAMAIAH, NO.54, 2ND CROSS, (NEAR SOLLAPURADAMMA TEMPLE), MUNESHWARA BLOCK, MAHALAKSHMI LAYOUT, BENGALURU-560 086. 13. R.MAHESH S/O G.RAMAIAH, AGED ABOUT 42 YEARS, NO.54, 2ND CROSS, (NEAR SOLLAPURADAMMA TEMPLE), MUNESHWARA BLOCK, MAHALAKSHMI LAYOUT, BENGALURU-560 086. 14. SMT. SOWBHAGYAMMA D/O G.RAMAIAH, NO.54, 2ND CROSS, (NEAR SOLLAPURADAMMA TEMPLE), - 4 - HC-KAR NC: 2025:KHC:20097 RFA No. 1432 of 2017 MUNESHWARA BLOCK, MAHALAKSHMI LAYOUT, BENGALURU-560 086. 15. SMT. SAMPAMMA D/O LATE YELLAPPA, AGED ABOUT 44 YEARS, C/O VENKATASWAMY, NO.38, 8TH MAIN ROAD, OLD WATER TANK ROAD, UTTARAHALLI, SUBRAMANYAPURA POST, BENGALURU-560 061. …RESPONDENTS (BY SRI. ASHWIN.S.HALADY., ADVOCATE FOR R4; SRI. D.B.RAJANNA., ADVOCATE FOR R5 TO 9; R11, 12, 13, 14, 15, ARE SERVED AND UNREPRESENTED; R1 TO 3 & 10-APPEAL DISMISSED V/O DATED:01.10.2024) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF THE CPC. 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 daily order sheet, the appeal was listed on 05.06.2025. On that day, there was no representation on behalf of the appellant. Hence, for - 5 - HC-KAR NC: 2025:KHC:20097 RFA No. 1432 of 2017 appearance of counsel for the appellant, the appeal was ordered to be listed on 12.06.2025. 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 appeal is dismissed for non-prosecution. In view 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.: 44