- 1 - HC-KAR NC: 2025:KHC:25713 RFA No. 484 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 484 OF 2017 (DEC) BETWEEN: SMT. YASHODAMMA W/O JAYARAM, AGED ABOUT 55 YEARS, RESIDING AT PROPERTY/SITE NO.25, (SY NO.14/7 LAGGERE), 24TH CROSS, SRINIVASA NAGAR, LAGGERE, BENGALURU-560 096. …APPELLANT (BY SRI. SRIHARI.A.V., SRI. RAGHAVENDRA.S.V., ADVOCATES [ABSENT]) AND: 1. 2. SRI. S.VISHWANATH SHETTY S/O LATE PUTTAIAH SHETTY AGED ABOUT 76 YEARS, SMT.ARCHANA SHETTY D/O VISHWANATHA SHETTY, AGED ABOUT 48 YEARS, 3. SMT. RACHANA SHETTY D/O VISHWANATHA SHETTY, AGED ABOUT 45 YEARS, RESPONDENTS 1 TO 3 ARE R/AT SRI.DURGASHRI, 4TH MAIN ROAD, KEB LAYOUT, BENGALURU-560 076. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25713 RFA No. 484 of 2017 4. SMT. G.NAGARATHNAMMA W/O LATE SRINIVAS, AGED ABOUT 50 YEARS, RESIDING AT HOUSE /SITE NO.12, 23RD MAIN (LAGGERE SY NO.14/7), SRINIVASANAGARA, BENGALURU-560 096. …RESPONDENTS (BY SRI. SHARATH.U.MOOLIMANI., ADVOCATE FOR SRI. B.N.PRAKASH., ADVOCATE FOR CAVEATOR/ GPA HOLDER FOR R2, R3 AND GPA HOLDER OF R1) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF THE CODE OF CIVIL PROCEDURE. THIS REGULAR FIRST APPEAL IS LISTED FOR HEARING, 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. Sri.Sharath U.Moolimani, counsel on behalf of Sri.B.N.Prakash., for the caveator for GPA holder of respondents 2 and 3 and GPA holder of respondent No.1 has appeared in person. As could be seen from the daily order sheet, the appeal was listed on 09.07.2025. On that day, there was no - 3 - HC-KAR NC: 2025:KHC:25713 RFA No. 484 of 2017 representation on behalf of the appellant. Hence, for appearance of counsel for the appellant, the appeal was ordered to be listed on 14.07.2025. It was also ordered that if none appears for the appellant 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, the appellant is not represented. 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.: 23