- 1 - HC-KAR NC: 2025:KHC:43326 RFA No. 1435 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO.1435 OF 2023 (SP) BETWEEN: H GOVINDARAJU S/O N HUCCHEGOWDA, AGED ABOUT 39 YEARS, R/AT ANNEKOPPALU VIILAGE, CHOTTANAHALLI POST, KASABA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT – 571 424. …APPELLANT (BY SRI. H.C. SHIVARAMU, ADVOCATE) AND: P NALINI W/O SATHISHA, AGED ABOUT 48 YEARS, R/AT 5TH CROSS, TAVAREGERE LAYOUT, MANDYA CITY – 571 401. …RESPONDENT (BY SRI. KRISHNAMURTHY M.R., ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 01.04.2023 PASSED IN O.S.No.104/2016 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MANDYA, DISMISSING THE SUIT FOR SPECIFIC PERFORMANCE. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:43326 RFA No. 1435 of 2023 ORAL JUDGMENT On the last date of hearing i.e., on 27.10.2025, this Court passed the following order: “Pursuant to the order dated 15.10.2025, the appellant has remained absent even today while the learned counsel for the respondent is present. As a last chance, re-list this matter on 29.10.2025, subject to the condition that in the event the appellant does not appear either by himself or through his counsel on 29.10.2025, the appeal shall stand dismissed for non- prosecution without further orders and without reference to the Bench.” 2. None appears for the appellant. Accordingly, appeal is dismissed for non-prosecution. Liberty is reserved in favour of the appellant to seek revival / restoration, if occasion so arise. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 3 Sl No.: 1