- 1 - HC-KAR NC: 2025:KHC:21160 RFA No. 2040 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 2040 OF 2017 (MON) BETWEEN: SMT. DAKSHAYINI W/O SRI. SANJEEVASHETTIGAR, AGED ABOUT 38 YEARS, R/AT NO.59/1, UDAYASHANKARA ROAD, UDAYANAGAR, DOORAVANINAGAR-POST, BENGALURU-560 016. …APPELLANT (BY SRI. M.R.HIREMATHAD., ADVOCATE [ABSENT]) AND: SMT. MALATHI DAYAN W/O SRI. MOSES DAYAN, AGED ABOUT 42 YEARS, R/AT NO.24/2, MUDDAPPA ROAD CROSS, MARUTHI SEVA NAGAR, BENGALURU-560 033. …RESPONDENT (NOTICE TO RESPONDENT-DISPENSED WITH V/O DATED: 15.07.2019) THIS REGULAR FIRST APPEAL IS FILED UNDER ORDER 41 RULE 1, 2 AND 4 READ WITH SECTION 96 OF THE CPC, 1908. 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. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21160 RFA No. 2040 of 2017 As could be seen from the daily order sheet, the appeal was listed on 18.06.2025, on that day, when the case was called, there was no representation on behalf of the appellant. Hence, it was ordered to be listed on 19.06.2025 under the caption ‘for dismissal'. The appeal is listed today under the caption ‘for dismissal'. As already noted above, when the case is called, the appellant is not represented. It appears that the appellant is 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 MRP List No.: 1 Sl No.: 39