- 1 - HC-KAR NC: 2025:KHC:30625 RFA No. 1691 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR FIRST APPEAL NO. 1691 OF 2023 (PAR/DEC) BETWEEN: MRS. JOSEPHINE MARY D/O. C. THOMAS, AGED ABOUT 52 YEARS, R/AT NO.265, ST. ANTHONY ROAD, NEAR M.N. WATER SUPPLY, H.A. FARM POST, MARIYANNA PALYA, BANGALORE - 560024. …APPELLANT (BY SRI MURALI BABU M., ADVOCATE (ABSENT)) AND: 1. MR. C. THOMAS, S/O. LATE GARE CHINNAPPA, AGED ABOUT 79 YEARS, 2. MR. NAVEEN KUMAR @ T. JEMS NAVEEN KUMAR S/O. C. THOMAS, AGED ABOUT 49 YEARS, RESPONDENTS NO.1 AND 2 ARE R/AT NO.265, ST. ANTHONY ROAD, NEAR M.N. WATER SUPPLY, H.A FARM POST, MARIYANNA PALYA, BANGALORE - 560 024. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30625 RFA No. 1691 of 2023 3. MS. SHANTHA MARY D/O. C. THOMAS, AGED ABOUT 63 YEARS, R/AT NO.1780, 4TH CROSS, VISHWAPRIYA LAYOUT, BEGUR, BANGALORE- 68. 4. MR. SANTHOSH KUMAR, S/O. C. THOMAS, AGED ABOUT 51 YEARS, R/AT PAPANAHALLI VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK - 64. 5. MS. ANTHONY MARY D/O. C. THOMAS, AGED ABOUT 48 YEARS, R/AT NO.1780, 4TH CROSS, VISHWAPRIYA LAYOUT, BEGUR, BANGALORE- 68. 6. MRS. ANTHONY MARY W/O NAVEEN KUMAR @ JAMES NAVEEN KUAMR, AGED ABOUT 41 YEARS, 7. MISS. MARIA ANISHA D/O NAVEEN KUMAR @ JAMES NAVEEN KUAMR AGED ABOUT 18 YEARS, RESPONDNETS NO.6 AND 7 ARE R/AT NO.162, ANTHONY ROAD, MARIYANNAPALYA, HA FARM POST, BANGALORE - 24 …RESPONDENTS (BY SMT. SUNITHA H. SINGH, ADV. FOR C/R1, R2, R4, R6 & R7; APPEAL ABATED AGAINST R3 V/O DT: 30.09.2024; NOTICE NOT ORDERED IN R/O R5) - 3 - HC-KAR NC: 2025:KHC:30625 RFA No. 1691 of 2023 THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 14.06.2023 PASSED ON IA No.3 IN OS No.3420/2021 ON THE FILE OF THE XII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, ALLOWING THE IA No.3 FILED UNDER ORDER 7 RULE 11(a) AND (d) OF CPC FOR REJECTION OF PLAINT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT This Court vide order dated 04.08.2025, noting the absence of the appellant, directed to list the matter under the caption ‘dismissal’. 2. Even today i.e., 06.08.2025, there is no representation on behalf of the appellant. 3. The matter is of the year 2023. 4. It appears that the appellant is not interested in prosecuting the appeal. This Court has no option than to - 4 - HC-KAR NC: 2025:KHC:30625 RFA No. 1691 of 2023 dismiss the appeal for non-prosecution. Accordingly, the appeal stands dismissed for non-prosecution. Sd- ____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 58