- 1 - HC-KAR NC: 2025:KHC:23842 RFA No. 2343 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 2343 OF 2019 (INJ) BETWEEN: 1. TIRUMALA.J S/O JAYARAM, AGED ABOUT 48 YEARS, R/AT NO.12, 7TH CROSS, 15TH MAIN ROAD, OPP.TO CHAMUNDESHWARI TEMPLE, 2ND STAGE, BTM LAYOUT, BANGALORE-560 076. 2. MANI.A S/O ARUMUGUM, AGED ABOUT 48 YEARS, R/AT NO.12, 7TH CROSS, 15TH MAIN ROAD, OPP. TO CHAMUNDESHWARI TEMPLE, 2ND STAGE, BTM LAYOUT, BANGALORE-560 076. 3. SANKAR S/O DURAISWAMY, AGED ABOUT 32 YEARS, R/AT NO.12, 7TH CROSS, 15TH MAIN ROAD, OPP. TO CHAMUNDESHWARI TEMPLE, 2ND STAGE, BTM LAYOUT, BANGALORE-560 076. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23842 RFA No. 2343 of 2019 4. VIMALA W/O LATE MURALI, AGED ABOUT 37 YEARS, R/AT NO.12, 7TH CROSS, 15TH MAIN ROAD, OPP. TO CHAMUNDESHWARI TEMPLE, 2ND STAGE, BTM LAYOUT, BANGALORE-560 076. 5. VEERASWAMY S/O GOVINDAN, AGED ABOUT 61 YEARS, R/AT NO.12, 7TH CROSS, 15TH MAIN ROAD, OPP. TO CHAMUNDESHWARI TEMPLE, 2ND STAGE, BTM LAYOUT, BANGALORE-560 076. 6. KRISHNAMOORTHY ANNAMALAI S/O ANNAMALAI MUNIYAN, AGED ABOUT 32 YEARS, R/AT NO.12, 7TH CROSS, 15TH MAIN ROAD, OPP. TO CHAMUNDESHWARI TEMPLE, 2ND STAGE, BTM LAYOUT, BANGALORE-560 076. 7. KAMARAJ MERI S/O MERI, AGED ABOUT 50 YEARS, R/AT NO.12, 7TH CROSS, 15TH MAIN ROAD, OPP. TO CHAMUNDESHWARI TEMPLE, 2ND STAGE, BTM LAYOUT, BANGALORE-560 076. 8. M.MUNISWAMY S/O PUNGAN, AGED ABOUT 67 YEARS, - 3 - HC-KAR NC: 2025:KHC:23842 RFA No. 2343 of 2019 R/AT NO.12, 7TH CROSS, 15TH MAIN ROAD, OPP. TO CHAMUNDESHWARI TEMPLE, 2ND STAGE, BTM LAYOUT, BANGALORE-560 076. 9. GOPAL S/O MUTHU, AGED ABOUT 66 YEARS, R/AT NO.12, 7TH CROSS, 15TH MAIN ROAD, OPP. TO CHAMUNDESHWARI TEMPLE, 2ND STAGE, BTM LAYOUT, BANGALORE-560 076. 10. VIRA S/O RANIYAMMA, AGED ABOUT 32 YEARS, R/AT NO.12, 7TH CROSS, 15TH MAIN ROAD, OPP. TO CHAMUNDESHWARI TEMPLE, 2ND STAGE, BTM LAYOUT, BANGALORE-560 076. 11. RANIYAMMA W/O LATE RAMALINGA, AGED ABOUT 62 YEARS, R/AT NO.12, 7TH CROSS, 15TH MAIN ROAD, OPP. TO CHAMUNDESHWARI TEMPLE, 2ND STAGE, BTM LAYOUT, BANGALORE-560 076. 12. MURUGAVELU S/O SAKKADIYA, AGED ABOUT 52 YEARS, R/AT NO.12, 7TH CROSS, 15TH MAIN ROAD, OPP. TO CHAMUNDESHWARI TEMPLE, - 4 - HC-KAR NC: 2025:KHC:23842 RFA No. 2343 of 2019 2ND STAGE, BTM LAYOUT, BANGALORE-560 076. 13. PALANIVEL S/O SEKKATIYAN, AGED ABOUT 32 YEARS, R/AT NO.12, 7TH CROSS, 15TH MAIN ROAD, OPP. TO CHAMUNDESHWARI TEMPLE, 2ND STAGE, BTM LAYOUT, BANGALORE-560 076. 14. MURUGAVELU S/O CHANNAPPA NAIDU, AGED ABOUT 47 YEARS, R/AT NO.12, 7TH CROSS, 15TH MAIN ROAD, OPP. TO CHAMUNDESHWARI TEMPLE, 2ND STAGE, BTM LAYOUT, BANGALORE-560 076. 15. K.MUNISWAMY S/O KUMARA SWAMY, AGED ABOUT 56 YEARS, R/AT NO.12, 7TH CROSS, 15TH MAIN ROAD, OPP. TO CHAMUNDESHWARI TEMPLE, 2ND STAGE, BTM LAYOUT, BANGALORE-560 076. 16. KOLANJI W/O ANGAMUTHU, AGED ABOUT 67 YEARS, R/AT NO.12, 7TH CROSS, 15TH MAIN ROAD, OPP. TO CHAMUNDESHWARI TEMPLE, 2ND STAGE, BTM LAYOUT, BANGALORE-560 076. - 5 - HC-KAR NC: 2025:KHC:23842 RFA No. 2343 of 2019 17. MAYAVAN S/O MARI, AGED ABOUT 73 YEARS, R/AT NO.12, 7TH CROSS, 15TH MAIN ROAD, OPP. TO CHAMUNDESHWARI TEMPLE, 2ND STAGE, BTM LAYOUT, BANGALORE-560 076. 18. HANUMANTHAPPA S/O NARAYANASWAMY, AGED ABOUT 47 YEARS, R/AT NO.12, 7TH CROSS, 15TH MAIN ROAD, OPP. TO CHAMUNDESHWARI TEMPLE, 2ND STAGE, BTM LAYOUT, BANGALORE-560 076. 19. VIJAYA W/O KUPPAN, AGED ABOUT 30 YEARS, R/AT NO.12, 7TH CROSS, 15TH MAIN ROAD, OPP. TO CHAMUNDESHWARI TEMPLE, 2ND STAGE, BTM LAYOUT, BANGALORE-560 076. 20. VEERAMMA W/O VEERASWAMY, AGED ABOUT 48 YEARS, R/AT NO.12, 7TH CROSS, 15TH MAIN ROAD, OPP. TO CHAMUNDESHWARI TEMPLE, 2ND STAGE, BTM LAYOUT, BANGALORE-560 076. …APPELLANTS (BY SRI. SYED QUALEELULLA QUADRI., ADVOCATE [ABSENT]) - 6 - HC-KAR NC: 2025:KHC:23842 RFA No. 2343 of 2019 AND: BANGALORE DEVELOPMENT AUTHORITY, REPRESENTED BY ITS COMMISSIONER, T.CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE-560 020. …RESPONDENT (BY SRI. ASHWIN HALADY., ADVOCATE) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF THE CPC. THIS REGULAR FIRST APPEAL IS LISTED FOR DISMISSAL, 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 20.06.2025, on that day, there was no representation on behalf of the appellants. Hence, the office was directed to list this matter under the caption 'for dismissal' on 03.07.2025. The appeal is listed today under the caption 'for dismissal'. As already noted above, today also there is no - 7 - HC-KAR NC: 2025:KHC:23842 RFA No. 2343 of 2019 representation on behalf of the appellants. As could be seen from the appeal papers, the appeal is filed in the year 2017. Now we are in the month of July 2025. The appeal is pending from six years. It appears that the appellants are not interested in prosecuting the appeal. Hence, the appeal is dismissed for non-prosecution. Because of dismissal of appeal, 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.: 17