- 1 - HC-KAR NC: 2025:KHC:38303 RFA No. 377 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR FIRST APPEAL NO.377 OF 2023 (EJE) BETWEEN: SMT. GEETHA AGARWAL, AGED ABOUT 64 YEARS, W/O ASHOK KUMAR, RESIDING AT FLAT NO.301, NEELAKANTA APARTMENT, NO.08, ANDREW ROAD STREET, BENGALURU-560027. REPRESENTED BY HER GPA HOLDER SRI ASHOK KUMAR. …APPELLANT (BY SRI KESHAVA REDDY M.V., ADVOCATE (ABSENT)) AND: SMT. CATHRINE .V AGED ABOUT 67 YEARS, W/O LATE V. VIDYASAGAR, R/AT NO.31, MATHA KRUPA, SHANTHI ROAD, SHANTHINAGAR, BENGALURU-560027. …RESPONDENT THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 15.10.2022 PASSED IN O.S.NO.4586/2018 ON THE FILE OF THE I ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU. AND DECREEING THE SUIT FOR EJECTMENT. THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38303 RFA No. 377 of 2023 ORAL JUDGMENT On 24.02.2023, this Court passed the following order: “Heard. Issue notice to the respondent. In addition, the appellant is permitted to take out Hand Summons to the respondent. Learned counsel for the appellant has submitted that the execution petition has been filed in Ex.No.190/2023. The matter posted on 27.03.2023 has been preponed to 22.02.2023. He further contended that on that day, the trial Court has directed the concerned police to assist the bailiff to break open the lock and hand over the possession. In view of the same, further proceedings in Ex.No.190/2023 is stayed, subject to condition that the appellant has to deposit Rs.2,00,000/- before the executing Court within 09.03.2023.” 2. When the matter was listed on 17.09.2025, there was no representation on behalf of the appellant. Neither were the office objections complied with, nor was - 3 - HC-KAR NC: 2025:KHC:38303 RFA No. 377 of 2023 any acknowledgment filed for showing deposit of the amount as directed by this Court 24.02.2023. Accordingly, the matter was directed to be listed under the caption ‘dismissal’. 3. Today i.e., 23.09.2025, the matter is listed for dismissal. Neither the appellant’s counsel is present nor have the orders dated 24.02.2023 and 07.08.2025 have been complied with. 4. The appeal pertains to the year 2023. 5. It appears that the appellant has no interest in prosecuting the present appeal. This Court has no option but to dismiss the appeal for non-prosecution. Accordingly, the appeal is dismissed for non- prosecution. Sd/- _____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 45