- 1 - HC-KAR NC: 2025:KHC:19111 RFA No. 278 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD REGULAR FIRST APPEAL NO. 278 OF 2014 (PAR) BETWEEN: SMT SUSHEELA @ ALAMELAMMA W/O K NAGARAJU AGED ABOUT 56 YEARS CHAMALAPURA STREET NANJANGUD TOWN MYSORE DISTRICT-571302. …APPELLANT (SMT. SUSHEELA, PETITIONER (ABSENT)) AND: 1. SRI M SHANMUGAM S/O LATE A V MUTHUSWAMY CHETTIAR AGED ABOUT 66 YEARS R/AT DOOR NO.696, B B GARDEN ROAD K R MOHALLA, MYSORE CITY. 2. SRI M JAGANATHA S/O LATE A V MUTHUSWAMY CHETTIAR AGED ABOUT 56 YEARS R/AT DOOR NO.696 B B GARDEN ROAD, K R MOHALLA MYSORE CITY-570009. …RESPONDENTS (BY SRI. KRISHNA SAMPATH, ADVOCATE FOR R1: V/O DATED: 31.05.2019 NOTICE TO R2 IS H/S) THIS RFA FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED: 07.10.2013 PASSED IN O.S.509/2006 ON THE FILE OF THE JUDGE, COURT OF SMALL CAUSES AND SENIOR CIVIL JUDGE, MYSORE, DISMISSING THE SUIT FOR PARTITION AND SEPARATE POSSESSION. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19111 RFA No. 278 of 2014 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL JUDGMENT 1. This court by order dated 26.09.2024 issued court notice to the appellant. As per the office notice, it is clear that the court notice has been served upon the appellant on 25.10.2024. 2. Today, when the matter was called out, the appellant is neither present nor engaged the services of any counsel. It appears that the appellant is not interested in prosecuting the case. Hence, the appeal is dismissed for non-prosecution. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 15