- 1 - NC: 2025:KHC:2226 RFA No. 2087 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 2087 OF 2016 (INJ) BETWEEN: SRI.N.NARAYANA AGED ABOUT 55 YEARS, S/O NARASIMAIAH, R/AT NO.39/1, 4TH MAIN ROAD, PALACE GUTAHALLI, BENGALURU-3. …APPELLANT (BY SRI. SARAVANA.S., ADVOCATE [ABSENT]) AND: 1. SRI. RAVI UTHAIAH @ M.S.UTHAIAH S/O M.K.SUBBAIAH, AGED ABOUT 45 YEARS, BUSINESS AT NORTHWIND BAR AND RESTAURANT, NO.31/4, GAGAN COMPLEX, 1ST MAIN ROAD, SHESHADRIPURAM, BENGALURU-560 020. 2. SMT. YESHODA D/O NARASIMAIAH, AGED ABOUT 59 YEARS, R/AT NO.39/1, 4TH MAIN ROAD, PALACE GUTTAHALLI, BENGALURU-560 003. …RESPONDENTS (BY SRI. K.SHRIHARI., ADVOCATE R1; R2-SERVED AND UNREPRESENTED) THIS REGULAR FIRST APPEAL IS FILED UNDER ORDER XLI RULE 1 READ WITH 96 OF THE CPC, 1908. Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:2226 RFA No. 2087 of 2016 THIS REGULAR FIRST APPEAL IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Though matter called twice, the appellant is 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 13.01.2025, on that day, there was no representation on behalf of the appellant, either personally or through video conferencing. Hence, for appearance of counsel for the appellant, the appeal was ordered to be listed on 20.01.2025. The appeal is listed today for appearance of counsel for the appellant. As already noted above, though matter called twice, the appeal is not represented. It appears that the appellant is not interested in prosecuting the appeal. Hence, the Regular First Appeal is dismissed for non-prosecution. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 1 Sl No.: 78