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2025 DAILYLAW 34588 (KAR)

B R KALAVATHY v. R SRIDHARA @ SRIDHAR

RFA/2283/2023 · 2025-01-28

Jyoti Mulimani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:3886 RFA No. 2283 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 2283 OF 2023 (DEC) BETWEEN: 1. B.R.KALAVATHY D/O LATE B.A.RAMACHANDRAPPA AGED ABOUT 53 YEARS 2. B.R.PRABAVATHY D/O LATE B.A.RAMACHANDRAPPA AGED ABOUT 51 YEARS 3. B.R.HEMAVATHY D/O LATE B.A.RAMACHANDRAPPA AGED ABOUT 51 YEARS R/AT NO.2705/A, 'D' BLOCK 15TH MAIN ROAD RAJAJINAGAR II STAGE BENGALURU - 560 010. …APPELLANTS (BY SRI SRINIVASA K., ADVOCATE [ABSENT]) AND: 1. R.SRIDHARA @ SRIDHAR S/O LATE B.A.RAMACHANDRAPPA AGED ABOUT 65 YEARS 2. B.R.RAMESH S/O LATE B.A.RAMACHANDRAPPA AGED ABOUT 63 YEARS Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:3886 RFA No. 2283 of 2023 BOTH ARE R/AT AT NO. 51. (OLD NO. 1600) SURVEY NO. 212, KAVERI NAGAR J.C.NAGAR, KURUBARAHALLI PIPELINE ROAD, BENGALURU - 560 086. …RESPONDENTS 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 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 before the Registrar (P & H) and sufficient time was granted to comply with the office objections. Thereafter, the appeal was listed before the Court on 09.01.2025, on that day, finally a week's time was granted to comply with the office objections, failing which the appeal was ordered to be listed under the caption 'for dismissal of appeal for non-compliance of office objections' on 28.01.2025 - 3 - NC: 2025:KHC:3886 RFA No. 2283 of 2023 The appeal is listed today under the caption 'for dismissal of appeal for non-compliance of office objections'. Despite granting sufficient time, the office objections are not complied with. As already noted above, when the case is called, the appellants are not represented. It appears that the appellants are not interested in prosecuting the appeal. Hence, the Regular First Appeal is dismissed for non-prosecution and also for non-compliance of office objections. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 1 Sl No.: 29