- 1 - NC: 2025:KHC:3576 RFA No. 1565 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 1565 OF 2023 (MON) BETWEEN: SREE SRINIVASA CONSTRUCTION CIVIL ENGINEER CONTRACTOR, REPRESENTED BY ITS PROPRIETOR, M.R.JAYARAM, S/O LATE RAMESHWARAIAH, AGED ABOUT 63 YEARS, R/AT NO.01, 6TH CROSS, KILLARI ROAD, BENGALURU-53. …APPELLANT (BY SRI. S.ANILKUMAR., ADVOCATE [ABSENT]) AND: S.UMESH KUMAR S/O LATE D.SHIVASHANKARAPPA, AGED ABOUT 62 YEARS, DSS MANSION, NO.01, SIDDANNA LANE, NAGARATHPET CROSS, BENGALURU - 560 002. …RESPONDENT THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF 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 - NC: 2025:KHC:3576 RFA No. 1565 of 2023 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. As could be seen from the daily order sheet, the appeal was listed before Registrar (P & H) on several dates and sufficient time was granted to comply with the office objections. Again the appeal was listed before the Court and sufficient time was granted to comply with the office objections. Once again the appeal was listed on 08.01.2025, on that day, finally two weeks time was granted to comply with the office objections, failing which the office was directed to list the appeal under the caption ‘for dismissal of appeal for non-compliance of office objections’ on 27.01.2025. The appeal is listed today under the caption ‘for dismissal of appeal for non-compliance of office objections’. Despite granting sufficient time, the appellant has not complied with the office objections. It appears that the appellant is not interested in prosecuting the appeal. In view of peremptory - 3 - NC: 2025:KHC:3576 RFA No. 1565 of 2023 order dated 08.01.2025, the appeal is dismissed for non- prosecution and also for non-compliance of office objections. Sd/- (JYOTI MULIMANI) JUDGE MRP,TKN List No.: 1 Sl No.: 4