- 1 - HC-KAR NC: 2025:KHC:24072 RFA No. 2130 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 2130 OF 2017 BETWEEN: SRI. C.KESHAVAMURTHY AGED ABOUT 69 YEARS, S/O LATE CHINNAIAH, MAJOR, R/AT NO.70, DODDABOMMASANDRA, VIDYARANYAPURA MAIN ROAD, BENGALURU-560 097. …APPELLANT (BY SRI. BASAVARAJAPPA.D.R., ADVOCATE [ABSENT]) AND: 1. SMT. JAYAMMA AGED ABOUT 75 YEARS, W/O LATE NARAYANAPPA, R/AT 5TH BLOCK, OPP.NARAYAN BUILDING, DODDABOMMASANDRA, BENGALURU-560 097. 2. SRI. KRISHNA RAO AGED ABOUT 65 YEARS, S/O SWAMY, R/AT NO.30, 1ST 'D' MAIN ROAD, 18TH CROSS, B.K.NAGAR, YESHWANTHAPURA, BENGALURU-560 022. 3. SRI. P.SHIVAPALAM AGED ABOUT 56 YEARS, S/O LATE PERUMAL KRISHNAN, R/AT NO.865/1, 'A' CROSS, Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24072 RFA No. 2130 of 2017 PIPELINE ROAD, OPP. KARNATAKA BANK, YESHWANTHAPURA, BENGALURU-560 022. NOW WORKING AS DRIVER, AT O/O STATE BANK OF MYSORE, K.G.ROAD BRANCH, BANGALORE-560 009. …RESPONDENTS (R2 & 3 ARE SERVED AND UNREPRESENTED) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 READ WITH ORDER 41 RULE OF THE CPC. 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. As could be seen from the daily order sheet, the appeal was listed on 13.06.2025, on that day, though matter called twice, there was no representation on behalf of the appellant. Hence, it was ordered to be listed on 04.07.2025 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 - 3 - HC-KAR NC: 2025:KHC:24072 RFA No. 2130 of 2017 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 TKN List No.: 1 Sl No.: 15