- 1 - HC-KAR NC: 2025:KHC:24385 RFA No. 266 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 266 OF 2017 (INJ) BETWEEN: 1. SMT. SHANTHI W/O. DHANPAL, AGED ABOUT 57 YEARS, 2. SRI. G.SELVARAJ S/O. SRI. GURUSWAMY, AGED ABOUT 55 YEARS, NO.2/84, VST ROAD, LINGARAJAPURAM, BENGALURU-560 084. PRESENTLY RESIDING AT NO.44, "G" BLOCK, 5TH MAIN, 9TH CROSS, BDA LAYOUT, NEW LINGARAJAPURAM, BANGALORE-560 084. …APPELLANTS (BY SRI. K.P.BHUVAN., ADVOCATE FOR A1 [ABSENT]; SRI. K.S.RAJESH GOWDA., ADVOCATE FOR A2 [ABSENT]) AND: SMT. MARIA KALAVATHI W/O. MAARI, AGED ABOUT 55 YEARS, NO.43, 9TH CROSS, 5TH MAIN, "G" BLOCK, Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24385 RFA No. 266 of 2017 BDA LAYOUT, LINGARAJAPURAM, BENGALURU-560 084. …RESPONDENT (BY SRI. ANIL KUMAR.K.N. & SRI. S.B.SOWMYA., ADVOCATES FOR C/R) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 OF THE CODE OF CIVIL PROCEDURE. THIS REGULAR FIRST APPEAL IS LISTED FOR FINAL HEARING, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER When the case is called, the appellants are 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 03.07.2025, on that day, there was no representation on behalf of the appellants. Hence, for appearance of counsel for the appellants, the appeal was ordered to be listed on 07.07.2025. It was also ordered that if none appears for the appellants on the next date of hearing, the appeal will be dismissed for non-prosecution. The appeal is listed today. As already noted above, when the case is called, today also there is no representation on - 3 - HC-KAR NC: 2025:KHC:24385 RFA No. 266 of 2017 behalf of the appellants. In view of earlier peremptory order, 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.: 21