- 1 - NC: 2025:KHC:3582 RFA No. 2581 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 2581 OF 2023 (PAR) BETWEEN: SRI M.HARISHANKAR SON OF LATE P.MALLAPPA, AGED ABOUT 58 YEARS, RESIDING AT NO 61-A, 18TH CROSS, ARAVIND NAGAR, MYSORE. …APPELLANT (BY SRI. VIVEK.R., ADVOCATE [ABSENT]) AND: 1. SMT. C.TANUJA DAUGHTER OF LATE M.CHANDRASHEKAR MURTHY, AGED ABOUT 44 YEARS, RESIDING AT 73/2, MODEL HOUSE, HOSPITAL ROAD, OPP.KODAGU GOWDA HOSTEL, JAYALAXMIPURAM, MYSORE - 570 012. 2. SMT C.MAMATHA DAUGHTER OF LATE M.CHANDRASHEKARA MURTHY, AGED ABOUT 47 YEARS, RESIDING AT 1456, 3RD CROSS, JAIN COLONY, ASHOKNAGAR, MANDYA. 3. SMT M.JAYAKUMARI DAUGHTER OF LATE P.MALLAPPA, AGED ABOUT 66 YEARS, RESIDING AT 73/2, MODEL HOUSE, HOSPITAL ROAD, OPP.KODAGU GOWDA HOSTEL, JAYALAXMIPURAM, MYSORE - 570 012. Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:3582 RFA No. 2581 of 2023 4. SRI M RAJASHEKAR SON OF LATE P.MALLAPA, AGED ABOUT 64 YEARS, RESIDING AT 73/2, MODEL HOUSE, HOSPITAL ROAD, OPP.KODAGU GOWDA HOSTEL, JAYALAXMIPURAM, MYSORE-570 012. 5. KUM. M.HONNADEVI DAUGHTER OF LATE P.MALLAPPA, AGED ABOUT 54 YEARS, LIBRARIAN, VIVEKANANDA COMPOSITE JUNIOR COLLEGE, KUVEMPU VIDYA PARISHAT, 1ST STAGE, 1ST MAIN, VIJAYANAGAR, MYSORE. 6. KUM. M.PADMAVATHI DEVI DAUGHTER OF LATE P.MALLAPPA, AGED ABOUT 53 YEARS, RESIDING AT NO 732, ERD FLOOR, NISANT NIVAS, 5TH CROSS, VALLABHAI NAGAR, KONANKUNTE CROSS, BANGALORE - 560 062. ALSO AT: 73/2, MODEL HOUSE, HOSPITAL ROAD, OPP: KODAGU GOWDA HOSTEL, JAYALAXMIPURAM, MYSORE - 570 012. …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 appellant is not represented. When the case is listed and is called out, the advocate must be present. His absence may affect the case. - 3 - NC: 2025:KHC:3582 RFA No. 2581 of 2023 As could be seen from the daily order sheet, the appeal was listed before Registrar (P & H) on several dates and sufficient time was granted to comply with the office objections. Again the appeal was listed on 13.01.2025, on that day, finally two weeks time was granted to comply with the office objections, failing which the office was directed to list the appeal under the caption ‘for dismissal of appeal for non- compliance of office objections’ on 27.01.2025. The appeal is listed today under the caption ‘for dismissal of appeal for non-compliance of office objections’. Despite granting sufficient time, the appellant has not complied with the office objections. It appears that the appellant is not interested in prosecuting the appeal. In view of peremptory order dated 13.01.2025, the appeal is dismissed for non- prosecution and also for non-compliance of office objections. Sd/- (JYOTI MULIMANI) JUDGE MRP,TKN List No.: 1 Sl No.: 15