- 1 - HC-KAR NC: 2025:KHC:22272 RFA No. 1601 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 1601 OF 2016 (MON) BETWEEN: SRI. CUMBIPUR VISHWANATH, MAJOR, MANAGING DIRECTOR, IQ ENGINEERING & VISHWASANA ENTERPRISES, MANASA THEATRE COMPLEX, KONANAKUNTE CROSS, OFF KANAKAPURA ROAD, BANGALORE-03. …APPELLANT (BY SRI. SRIDHAR.H., ADVOCATE [ABSENT]) AND: SRI. K.ASHWATHRAM SON OF LATE K.V.ASHWATHNARAYANA, AGED AROUND 67 YEARS, RESIDING AT E004, TOWER-1, ADARSH PALM RETREAT, OUTER RING ROAD, D.B.HALLI, BENGALURU POST, BANGALORE-560 103. …RESPONDENT (BY SRI. LOKESH.C. & SRI. SHREENIVASA.G.A., ADVOCATES) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF THE CPC, 1908. THIS REGULAR FIRST APPEAL IS LISTED FOR HEARING, THIS DAY, AN ORDER IS MADE AS UNDER: Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22272 RFA No. 1601 of 2016 ORAL ORDER Though matter called twice, there is no representation on behalf of the appellant, either personally or through video conferencing. Sri.Lokesh.C., counsel for the respondent has appeared in person. As could be seen from the daily order sheet, the appeal was listed on 02.01.2024, on that day, there was no representation on behalf of the appellant either in the morning session or in the afternoon session. Hence, the appeal was ordered to be listed on 09.01.2024. The appeal was listed on 09.01.2024, on that day, the matter was called in the morning session and also in the afternoon session, but there was no representation on behalf of the appellant. The appeal is listed today. As already noted above, though matter called twice, today also there is no representation on behalf of the appellant. As could be seen from the appeal papers, the appeal is filed in the year 2016. Now we are in the month of June 2025. The appeal is pending from nine years. It appears that the appellant is not interested - 3 - HC-KAR NC: 2025:KHC:22272 RFA No. 1601 of 2016 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.: 39