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2025 DAILYLAW 31221 (KAR)

CHINNAMMA v. SRI ANANTHAPPA

RFA/1949/2017 · 2025-07-02

Jyoti Mulimani

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:23573 RFA No. 1949 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 1949 OF 2017 (DEC/PAR) BETWEEN: CHINNAMMA D/O LATE NARASA REDDY, AGED ABOUT 60 YEARS, R/AT BOGANAHLLI VILLAGE, VARTHUR HOBLI, BANALORE EAST TALUK-560 061. …APPELLANT (BY SRI. SRINIVASA.K., ADVOCATE [ABSENT]) AND: 1. SRI. ANANATHAPPA MAJOR, AGED ABOUT 52 YEARS, S/O LATE NARASA REDDY, 2. VENKATAMMA MAJOR, AGED ABOUT 48 YEARS, D/O LATE NARASA REDDY, 3. SALLAPURAAPPA MAJOR, AGED ABOUT 45 YEARS, S/O LATE NARASA REDDY, NO.1 TO 3 ARE RESIDING AT BOGANAHALLI VILLAGE, VARTHUR HOBLI, PANATHRU POST, BANGALORE EAST TALUK-560 061. 4. MUNIYAPPA S/O LATE NARASA REDDY, AGED ABOUT 39 YEARS, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23573 RFA No. 1949 of 2017 M.E.S. ROAD, RAMABHOVI COLONY, 5TH CROSS, NO.778, JALAHALLI VILLAGE, BANGALORE-560 013. 5. JAYESH KARASANDA TAKKAR @ JAYESH KARSANDA CHANDE, AGED ABOUT 32 YEARS, S/O KARSANDA, NO.C, MANTRI GARDEN, NEAR MADHAVAN PARK, 1ST BLOCK, JAYANAGAR, BANGALORE-560 043. 6. RUDOLPE MASCARENHAS S/O LATE LOUIS MASCARENHAS, AGED ABOUT 56 YEARS, D1, ARPHI HOUSE, 2ND LEONARD LANE, RICHMOND TOWN, BANGALORE-560 025. …RESPONDENTS (BY SRI. VIVEK ANAND ANTHONY BRITTO., ADVOCATE FOR R6; R1, 3, 4, 5-SERVED AND UNREPRESENTED) THIS REGULAR FIRST APPEAL IS FILED UNDER ORDER XLI RULE 1 READ WITH SECTION 96 OF THE CODE OF CIVIL PROCEDURE. THIS REGULAR FIRST APPEAL IS LISTED FOR DISMISSAL, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER When the case is called, the appellant is not represented. When the case is listed and called out, the advocate must be present. The absence may affect the case. - 3 - HC-KAR NC: 2025:KHC:23573 RFA No. 1949 of 2017 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 appellant. Hence, the appeal was ordered to be listed under the caption 'for dismissal' on 02.07.2025. The appeal is listed today. As already noted above, when the case is called, the appellant is not represented. As could be seen from the appeal papers, the appeal is filed in the year 2017. Now we are in the month of July 2025. The appeal is pending from eight years. It appears that the appellant is not interested in prosecuting the appeal. Hence, the appeal is dismissed for non-prosecution. Because of dismissal of 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.: 14