- 1 - HC-KAR NC: 2025:KHC:23327 RFA.CROB No. 23 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI RFA CROSS OBJECTION NO. 23 OF 2016 (MON) BETWEEN: SRI. ABDUL JABBAR S/O LATE MD.GYBE SAB, AGED ABOUT 81 YEARS, R/AT D.NO.863, NARAYANA SHASTRY ROAD, CHAMARAJA MOHALLA, MYSORE-570 004. MYSURU. …CROSS-OBJECTOR (BY SRI. RAKSHITH JOIS., ADVOCATE [ABSENT]) AND: 1. SMT. LAKSHMAMMA WIFE OF LATE G.VENKATESH, AGED ABOUT 50 YEARS, RESIDING AT HOUSING BOARD COLONY, H.D. KOTE TOWN, MYSORE DISTRICT-570 004. 2. SRI. RAGHU SON OF LATE G.VENKATESH, AGED ABOUT 31 YEARS, RESIDING AT HOUSING BOARD COLONY, H.D.KOTE TOWN, MYSORE DISTRICT. MYSURU-570 004. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23327 RFA.CROB No. 23 of 2016 3. 4. SRI. R.V.RAMESH JUNIOR ENGINEER, R/AT D.NO.1295/A, 3RD MAIN, 6TH CROSS, VIVEKANANDA NAGAR, MYSURU-570 004. SRI. THIMMAIAH ASST. EXECUTIVE ENGINEER, H.D.KOTE, SUB-DIVISION, H.D.KOTE, MYSORE DISTRICT-570 004. 5. SRI. SATHYANARAYANA EXECUTIVE ENGINEER, K.A.D.A. OFFICE ATTACHED TO PALACE OFFICE, NEW SAYYAJI RAO ROAD, MYSURU-570 004. 6. THE EXECUTIVE ENGINEER, STATE HIGH WAY DIVISION, PWD, HUNSUR, MYSURU-570 004. 7. THE SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BANGALORE-560 001. 8. THE CHIEF ENGINEER, P.W.D. SOUTH ZONE, K.R.CIRCLE, BENGALURU-560 001. - 3 - HC-KAR NC: 2025:KHC:23327 RFA.CROB No. 23 of 2016 9. THE SUPERINTENDING ENGINEER, P.W.D. MYSORE CIRCLE, NAZARBAD, MYSURU-570 004. 10. STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, VIDHANA VEEDHI, BENGALURU-560 001. …RESPONDENTS (BY SRI. MANJUNATH.B., AGA FOR R6 TO 10; R1 & 2 ARE SERVED AND UNREPRESENTED) THIS RFA CROB. IS FILED UNDER ORDER XLI RULE 22 OF THE CODE OF CIVIL PROCEDURE, 1908. THIS RFA CROB. IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER When the case is called, the cross-objector 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 23.06.2025, on that day, there was no representation on behalf of the cross-objector. Hence, for appearance of counsel for the cross-objector, the matter was ordered to be listed on 01.07.2025. It was also ordered that if none appears for the cross-objector on the next date of - 4 - HC-KAR NC: 2025:KHC:23327 RFA.CROB No. 23 of 2016 hearing, the cross-objection will be dismissed for non- prosecution. The cross-objection is listed today. As already noted above, when the case is called, the cross-objector is not represented. In view of earlier peremptory order, the cross- objection is dismissed for non-prosecution. Because of dismissal of cross-objection, 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.: 12