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2025 DAILYLAW 35528 (KAR)

SMT MAHENDRA KAUR v. SRI V BABU

RFA/2483/2023 · 2025-01-16

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC:1772 RFA No. 2483 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 2483 OF 2023 (INJ) BETWEEN: SMT. MAHENDRA KAUR D/O LATE BAHADUR SINGH, (SINCE DEAD REPRESENTED BY HER LEGAL HEIR). SRI SYED SAFI UR REHMAN, S/O LATE S.K.REHMAN, NOW AT NO. 330, 6TH CROSS, JHBCS LAYOUT, BANASHANAKRI, 2ND STAGE, BENGALURU-560 111. (DEAD, NO LEGAL HEIRS TO THE PLAINTIFFS NO. 1 AND 2 DUE TO THEIR WEDLOCK). 1. SRI RAMNIVAS SAHANI, AGED ABOUT 68 YEARS, NO.2, PREMJYOTHI VILLA, 9TH CROSS, ADARSHANAGARA, OPP. L.R.BANDE BUS STOP, R.T.NAGAR POST, BENGALURU-560 032. …APPELLANT (BY SRI. VISHNU HEGDE.,ADVOCATE [ABSENT]) AND: 1. SRI V.BABU SINCE DEAD BY HIS LRS, SRI B RAVI, AGED ABOUT 53 YEARS, S/O LATE V.BABU, Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:1772 RFA No. 2483 of 2023 2. SRI B.NAGARAJU S/O LATE V.BABU, AGED ABOUT 54 YEARS, BOTH ARE RESIDING AT NO. 157, CHICK BAZAR ROAD, SHIVAJINAGAR, BENGALURU 560 051. …RESPONDENTS THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF THE CPC, 1908. THIS REGULAR 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 is called out, the advocate must be present. His absence may affect the case. As could be seen from the daily order sheet, the appeal was listed on 13.01.2025, on that day, when the matter was called, there was no representation on behalf of the appellant, either personally or through video conferencing. Hence, for appearance of counsel for the appellant it was ordered to be listed on 16.01.2025. The appeal is listed today for appearance of counsel of the appellant. As already noted above, when the case is called, the appellant is not represented. It appears that the appellant - 3 - NC: 2025:KHC:1772 RFA No. 2483 of 2023 is 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 MRP List No.: 1 Sl No.: 2