- 1 - HC-KAR NC: 2025:KHC:21430 RFA No. 1648 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 1648 OF 2017 (INJ) BETWEEN: 1. THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, BENGALURU-560 020. 2. THE ASSISTANT EXECUTIVE ENGINEER, TASK FORCE, BDA, BENGALURU-560 020. …APPELLANTS (BY SRI. P.V.RAVINDRANATH., ADVOCATE [ABSENT]) AND: 1. SMT. D.BHARATHI MAJOR OF AGE, WIFE SRI.DORAI, REPRESENTED BY THE GPA HOLDER, SRI. CHANDRA SHEKAR, AGED ABOUT 58 YEARS, S/O SRI.SHAMANNA, RESIDING AT KODIHALLI VILLAGE, HAL SANITARY BOARD, VARTHUR HOBLI-560 008. BANGALORE SOUTH TALUK. 2. SMT. NAGAMMA WIFE OF RAMAN, HINDU, AGED ABOUT 80 YEARS, RESIDING AT NO.29, 29TH CROSS, BAGALUR LAYOUT, BANGALORE CITY CORPORATION Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21430 RFA No. 1648 of 2017 QUARTERS, BENGALURU-560 084. 3. SRI. KUMAR SON OF RAMAN, HINDU, AGED 57 YEARS, RESIDING AT NO.29, 29TH CROSS, BAGALUR LAYOUT, BANGALORE CITY CORPORATION QUARTERS, BENGALURU-560 084. …RESPONDENTS (R1, 2, 3 - ARE SERVED AND UNREPRESENTED) THIS REGULAR FIRST APPEAL IS FILED UNDER ORDER 41 RULE 1 READ WITH SECTION 96 OF THE CPC. THIS REGULAR FIRST APPEAL IS LISTED FOR ORDERS, 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 13.06.2025, on that day, there was no representation on behalf of the appellants. Hence, for appearance of counsel for the appellants, the appeal was ordered to be listed on 20.06.2025. - 3 - HC-KAR NC: 2025:KHC:21430 RFA No. 1648 of 2017 The appeal is listed today. As could be seen from the appeal papers, the appeal is filed in the year 2017. Now we are in the month of June 2025. The appeal is pending from eight years. 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 appeal is dismissed for non-prosecution. Because 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.: 42