- 1 - HC-KAR NC: 2025:KHC:36762 RFA No. 400 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR FIRST APPEAL NO.400 OF 2024 (DEC/INJ) BETWEEN: SRI MAHENDRA KUMAR JAIN S/O LATE CHANDAN MAL JAIN, AGED ABOUT 67 YEARS, RESIDING AT NO.524, OTC ROAD, AKKIPET CIRCLE, BENGALURU-560053. …APPELLANT (BY SMT. MAINA VARMA, ADVOCATE) (ABSENT) AND: 1. SRI CHETAN KUMAR S/O LATE MAHAVEER KUMAR, AGED ABOUT 34 YEARS, R/AT NO.684, II “A” MAIN, KORAMANGALA 8TH BLOCK, NEAR SHIVA THEATRE, BENGALURU-560095. 2. M/S. SOUTH INDIA CERAMIC CORPORATION, A PARTNERSHIP FIRM, HAVING ITS HEAD OFFICE AT NO.60/B, JIGANI INDUSTRIAL AREA, BENGALURU-562106. REPT. BY ITS PARTNER SRI ASHOK BHURAT PLACE OF BUSINESS NO.19, 1ST MAIN, PUKHRAJ LAYOUT, BANNERGHATTA ROAD, ADUGODI, BENGALURU-560302. .. RESPONDENTS (BY SRI ABDUL WAJID S.A., ADVOCATE FOR C/R-1) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36762 RFA No. 400 of 2024 THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 28.11.2023 PASSED IN O.S.NO.4508/2013 ON THE FILE OF I ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DECREEING THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION. 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 matter was listed for the fourth time for non- compliance of office objections on 11.09.2025. There was no representation for the appellant and the memo of retirement filed by appellant’s counsel was without issuance of notice and acknowledgment due. Hence, the memo was rejected and matter was directed to be listed for dismissal. Even today there is no representation for the appellant. It appears that the appellant is not interested in prosecuting the appeal. Hence, the appeal is dismissed for non-prosecution. Sd/- ____________________ JUSTICE K.S. HEMALEKHA CKL/List No.: 1 Sl No.: 71