- 1 - HC-KAR NC: 2025:KHC:19898 RFA No. 2057 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 2057 OF 2017 (MON) BETWEEN: SMT. USHA KUMAR WIFE OF JAMES KUMAR, AGED ABOUT 49 YEARS, R/AT NEW NO.5, OLD NO.5/118, 8TH CROSS, POST OFFICE ROAD, LINGARAJAPURAM, BENGALURU - 560 084. ALSO RESIDING AT SMT. USHA KUMAR, NO 26, 2ND FLOOR, 2ND CROSS, KANAKADASA LAYOUT, OPP: KSFC LAYOUT, LINGARAJAPURAM, BENGALURU - 560 084, WORKING AT SHIRLEY'S BEAUTY PARLOUR, NO 5, 1ST FLOOR, 4TH CROSS, (ABOVE SHANTHI JEWLERIES), JAI BHARATH NAGAR BENGALURU-560 033. …APPELLANT (BY SRI. SRINIVASAN.M., ADVOCATE [ABSENT]) AND: SRI. VASANTH KUMAR.J.A. SON OF LATE M.JESUDAS, AGED ABOUT 55 YEARS, R/AT NO.10/15-1, 7TH CROSS, ITC COLONY, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19898 RFA No. 2057 of 2017 JEEVANAHALLI, COX TOWN BENGALURU - 560 005. …RESPONDENT (BY SRI. SHREEHARSHA.L.M., ADVOCATE FOR SRI. NARASIMHARAJU., ADVOCATE) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF THE CPC, 1908. THIS REGULAR FIRST APPEAL IS LISTED FOR ORDERS, 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 13.07.2023, on that day, there was no representation on behalf of the appellant, either personally or through video conferencing. The appeal is listed today. As could be seen from the appeal papers, the appeal is filed in 2017. Now we are in the month of June 2025. It's almost eight years. As already noted above, when the case is called, the appellant is not represented. It appears that the appellant is not interested in - 3 - HC-KAR NC: 2025:KHC:19898 RFA No. 2057 of 2017 prosecuting the appeal. Hence, the Regular First Appeal is dismissed for non-prosecution. Because of dismissal of the appeal, interim order if any stands discharged and pending interlocutory applications if any are disposed of. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 1 Sl No.: 13