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2025 DAILYLAW 30812 (KAR)

SRI SAI RAMESH v. SMT BHARATHI

RFA/1846/2017 · 2025-06-17

Jyoti Mulimani

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:20722 RFA No. 1846 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 1846 OF 2017 (PAR) BETWEEN: 1. SRI. SAI RAMESH S/O LATE SIDDAPPA, AGED ABOUT 57 YEARS, 2. SRI. S. VIJAYAKUMAR S/O LATE SIDDAPPA, AGED ABOUT 49 YEARS, 3. SRI. S.R.SAI PRASANNA S/O LATE SIDDAPPA, AGED ABOUT 45 YEARS, ALL ARE RESIDING AT NO.5, 9TH CROSS, KILARI ROAD, MESTRI, CHIKKANNA LANE, ANCHEPET, BANGALORE-560 053. …APPELLANTS (BY SRI. D.S.SUNDARESHA., ADVOCATE [ABSENT]) AND: 1. SMT. BHARATHI AGED ABOUT 55 YEARS, W/O NARAYANAPPA, RESIDING AT O.5, 29TH CROSS, KILARI ROAD, MESTRI, CHIKKANNA LANE, BANGALORE-560 053. 2. SMT. S.SARASWATHI Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20722 RFA No. 1846 of 2017 W/O SHIVARAMAN, AGED ABOUT 36 YEARS, RESIDING AT NO.8, K .G. LAYOUT, SARAVANAPATTI, SAVANAPATTI POST, COIMBATORE-641 035. 3. SRI. RAMAMURTHY.S AGED ABOUT 44 YEARS, S/O SIDDAPPA, RESIDING AT NO.5, 29TH CROSS, KILARI ROAD, MESTRI, CHIKKANAN LANE, BANGALORE-560 053. …RESPONDENTS (BY SRI. M.S.NARAYANARAO., ADVOCATE FOR R1 TO 3) THIS REGULAR FIRST APPEAL IS FILED UNDER 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 06.06.2025. 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 17.06.2025. - 3 - HC-KAR NC: 2025:KHC:20722 RFA No. 1846 of 2017 The appeal is listed today for appearance of counsel for the appellants. 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. 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 MRP List No.: 1 Sl No.: 15