- 1 - HC-KAR NC: 2025:KHC:20519 RFA No. 1294 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 1294 OF 2016 (PAR) BETWEEN: SRI. ROOPA KUMAR @ R.KUMAR AGED ABOUT 59 YEARS, S/O LATE RAJAMANKYA PILLAI, R/O SUBHASH STREET, SRINGERI-577 139. …APPELLANT (BY SRI. YASHAVANTHA SAJJANAGOUDAR., ADVOCATE [ABSENT]) AND: 1. SMT. MALATHI AGED ABOUT 53 YEARS, W/O NARASIMHA NAYAK, R/O NO.38, KALTHURU, SANTHEKATTE, UDUPI TALUK AND DISTRICT-576 105. 2. SMT. VASANTHI AGED ABOUT 55 YEARS, W/O SURENDRA, R/O MALLIKARJUNA STREET, SRINGERI-577 139. …RESPONDENTS (BY SRI. VISHNU BHAT., ADVOCATE) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 ORDER XLI RULE 1 OF THE CPC, 1908. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20519 RFA No. 1294 of 2016 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 21.09.2023, on that day, there was no representation on behalf of the appellant. The appeal is listed today. As could be seen from the appeal papers, the appeal is filed in 2016. Now we are in the month of June, 2025. It's almost nine years. As already noted above, when the case is called, the appellant is not represented. It appears that the appellant is not interested in prosecuting the appeal. Hence, the Regular First Appeal is dismissed for non-prosecution. - 3 - HC-KAR NC: 2025:KHC:20519 RFA No. 1294 of 2016 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.: 6