- 1 - NC: 2025:KHC:2730 RFA No. 2535 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 2535 OF 2023 (PAR/DEC) BETWEEN: 1. SRI. ARULMOZHI AGED ABOUT 66 YEARS, S/O LATE SRI P.ANNASWAMI, C/O MR RADHAKRISHNAN (BABU), R/A BEHIND ANNASWAMY HOSPITAL, OPP POLICE QUARTERS, MORE MARKET SQUARE, MDM ROAD, FRAZER TOWN, BENGALURU-560 005. 2. SMT DHANALAKSHMI @ CHANDRA C/O SRI PREM KUMAR, D/O LATE SRI P.ANNASWAMI, AGED ABOUT 60 YEARS, GARRISON ENGINEER (SOUTH) NO.1, ULSOOR ROAD, SHIVANACHETTY GARDEN POST, BENGALURU-560 042. …APPELLANTS (BY SRI. SYED UMMER., ADVOCATE [ABSENT]) AND: 1. SRI. ARIVALAGAN AGED ABOUT 70 YEARS, S/O LATE SRI P.ANNASWAMI, R/A NO.18, KADIRANAPALAY, INDIRANAGAR POST, BENGALURU-560 038. 2. SMT JAYANTHI W/O LATE ASAI THAMBI, AGED ABOUT 62 YEARS, Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:2730 RFA No. 2535 of 2023 3. MS ROSHNI D/O LATE SRI ASAI THAMBI, MAJOR, NO. 15 SY. NO. 107/2, BYAPPANAHALLI, K.R.PURAM, BENGALURU-560 038. 4. MS. SUSHMITHA D/O LATE SRI ASAI THAMBI, MAJOR, NO. 15, SY. NO. 107/2, BYAPPANAHALLI, K.R.PURAM, BENGALURU-560 038. 5. SMT SURYAKALA C/O SRI KUMAR, D/O LATE P.ANNASWAMY, AGED ABOUT 71 YEARS, R/A NO.611, 6TH CROSS, 10TH MAIN, HENNUR CROSS, KALYANANAGAR POST, BENGALURU-560 043. 6. SRI KRISHNLAL JAIN MAJOR, NO. 270/1, AMBIGAMMAL BUILDING, BYAPPANAHALLI, 9TH CROSS, BENGALURU-560 038. 7. SRI R.G.NATHMAL JAIN MAJOR, NO. 270/1, AMBIGAMALLA BUILDING, BYAPPANAHALLI, 9TH CROSS, BENGALURU-560 038. 8. SMT.KASTURI MAJOR, NO. 270/1, AMBIGAMMAL BUILDING, BYAPPANAHALLI, 9TH CROSS, BENGALURU-560 038. …RESPONDENTS - 3 - NC: 2025:KHC:2730 RFA No. 2535 of 2023 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 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 before Registrar (P & H) on several dates and sufficient time was granted to comply with the office objections. Again the appeal was listed on 10.01.2025, 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 22.01.2025. The appeal is listed today under the caption ‘for dismissal of appeal for non-compliance of office objections’. Despite granting sufficient time, the appellants have not complied with the office objections. It appears that the appellants are not interested in prosecuting the appeal. In view of peremptory - 4 - NC: 2025:KHC:2730 RFA No. 2535 of 2023 order dated 10.01.2025, the appeal is dismissed for non- prosecution and also for non-compliance of office objections. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 1 Sl No.: 11