- 1 - NC: 2025:KHC:4135 RFA No. 201 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 201 OF 2016 (SP) BETWEEN: 1. MRS EVELYN D'SILVA AGED 50 YEARS, W/O LATE FRANCIS LEO D'SILVA, 2. MR.ELSON DENZIL D'SILVA, AGED 28 YEARS, S/O LATE FRANCIS LEO D'SILVA, 3. ELFIRDA RENITA D'SILVA AGED 25 YEARS, D/O LATE FRANCIS LEO D'SILVA, NO.1 IS THE WIDOW AND NO.2 AND 3 ARE CHILDREN OF LATE FRANCIS LEO D'SILVA, RESIDING AT CORDEL HOUSE, SHAKTHINAGAR, MANGALURU-575 001. …APPELLANTS (BY SRI. PRAJWAL PATIL., ADVOCATE [ABSENT]) AND: MR. RAJA SUVARNA AGED ABOUT 45 YEARS, S/O ISHWARA SALIAN, RESIDING AT NITHYADAR KRIPA HOUSE, NEAR MUTTAPPA GUDI, SHAKTHINAGAR, MANGALURU-575 001. …RESPONDENT (BY SRI. GIRIDHAR.H., ADVOCATE) Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4135 RFA No. 201 of 2016 THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 READ WITH ORDER XLI 1 OF THE CPC, 1908. THE REGULAR FIRST APPEAL IS LISTED FOR HEARING, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER When the case is called, the appellants are 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 27.01.2025, on that day, there was no representation on behalf of the appellants, either personally or through video conferencing. Hence, for appearance of counsel for the appellants, the appeal was ordered to be listed on 29.01.2025. The appeal is listed today. As already noted above, when the case is called, the appellants are not represented. It appears that the appellants are not interested in prosecuting the appeal. Hence, the Regular First Appeal is dismissed for non-prosecution. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 1 Sl No.: 49