- 1 - HC-KAR NC: 2026:KHC:14456-DB RFA No. 1662 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF REGULAR FIRST APPEAL NO. 1662 OF 2017 (DEC) BETWEEN: SMT. NIRAMAL R. KATHARE, W/O SRI RAGHAVENDRA N. KATHARE, R/O #30, HERCHALLY NEW EXTENSION, TUNGANAGAR, VISHWANEEDAM POST, BANGALORE - 560 091. …APPELLANT (BY SRI. M. MANJUNATH., ADVOCATE(ABSENT)) AND: 1. B.J. DHANAMAL J. NAHAR, S/O JEEVARAJ B. NAHAR, MAJOR IN AGE, R/O OPP TO M.G. COMPLEX, APMC YARD, YESHWANTHPURA, BANGALORE - 560 022. 2. M/S. ADITYA HOLDINGS, GRACE BAY-LUXURY HOMES, MAHALAKSHMI LAYOUT, BANGALORE - 560 086. 3. M/S. SATISH SWAN LINES, ARCHITECTS (P) LTD, 11/3, II FLOOR, VANI VILAS ROAD, Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14456-DB RFA No. 1662 of 2017 NEAR NATIONAL COLLEGE, BASAVANGUDI, BANGALORE - 560 004. 4. CANARA BANK, TUMKUR ROAD BRANCH, YESWANTHPUR, BANGALORE - 560 022. REP. BY ITS SENIOR MANAGER. 5. BRUHATH BANGALORE MAHANAGARA PALIKE, CORPORATION BUILDING, HUDSON CIRCLE, BANGALORE - 560 022. REP. BY ITS COMMISSIONER. 6. THE JOINT COMMISSIONER, BRUHATH BANGALORE MAHANAGARA PALIKE WEST, BASHYAAM PARK, SESHADRIPURAM, BANGALORE - 560 020. 7. THE REVENUE OFFICER, BRUHATH BANGALORE MAHANAGARA PALIKE WEST, BASHYAAM PARK, SESHADRIPURAM BANGALORE - 560 020. 8. THE ASSISTNAT REVENUE OFFFICER, BRUHATH BANGALORE MAHANAGARA PALIKE WEST, BASHYAAM PARK, SESHADRIPURAM, 10TH WARD, BANGALORE - 560 020. 9. BANGALORE DEVELOPMENT AUTHORITY, SANKEY TANK, BANGALORE - 560 020. REP. BY ITS COMMISSIONER. - 3 - HC-KAR NC: 2026:KHC:14456-DB RFA No. 1662 of 2017 10. JOINT DIRECTOR OF TOWN PLANNING, BRUHATH BANGALORE MAHANAGARA PALIKE WEST, N.R.SWAURE, BANGALORE - 560 020. 11. EXECUTIVE ENGINEER, BRUHATH BANGALORE MAHANAGARA PALIKE, BASHYAAM PARK, SESHADRIPURAM, BANGALORE - 560 020. 12. ASSISTANT EXECUTIVE ENGINEER, BRUHATH BANGALORE MAHANAGARA PALIKE, BASHYAAM PARK, SESHADRIPURAM, BANGALORE - 560 020. 13. GENERAL MANAGER (TECHNICAL), BESCOM, K.R.CIRCLE, BANGALORE - 560 001. 14. EXECUTIVE ENGINEER (ELD), N7 SUB - DIVISION, KURABARAHALLI, BESCOM, J.C. NAGAR, BANGALORE - 560 009. 15. CHAIRMAN, BWSSB, CAUVERY BHAVAN, II FLOOR, K.G.ROAD, BANGALORE - 560 009. 16. EXECUTIVE ENGINEER, BWSSB BOARD DIVISION W2, RAJAJINAGAR, BANGALORE - 560 010. - 4 - HC-KAR NC: 2026:KHC:14456-DB RFA No. 1662 of 2017 17. POLLUTION CONTROL BOARD, PARISARA BHAVAN, CHURCH STREET, BANGALORE - 560 001. REP. BY SECRETARY. 18. ENVIRONMENT OFFICER, POLLUTIONA CONTROL BOARD, PARISARA BHAVAN, CHURCH STREET, BANGALORE - 560 001. 19. DIRECTOR KARNATAKA STATE, FIRE FORCE & EMERGENCY SERVICES, NO.1 ANNASWAMY MUDALIAR ROAD, BANGALORE - 560 042. …RESPONDENTS (BY SRI. B.S. RADHANANDAN, ADVOCATE FOR R1, SRI. MANIK B.T., ADVOCATE FOR R4, SRI. S.G. HEGDE, ADVOCATE FOR R9, SRI. I.G. GACHCHINAMATH, SENIOR COUNSEL FOR R5 TO R8, R17 & R18, SRI. H.V. DEVARAJ, ADVOCATE FOR R14, SRI. PRASHANTH T PANDIT, ADVOCATE FOR R15 & R16, R10, R13, R19 ARE SERVED AND UNREPRESENTED) THIS RFA IS FILED UNDER SECTION 96 R/W ORDER XLI OF CODE OF CIVIL PROCEDURE, AGAINST THE JUDGMENT AND DECREE DATED: 31.05.2017 PASSED IN OS NO.25245/2002 ON THE FILE OF THE XXVIII ADDL. CITY CIVIL AND SESSIONS JUDE, MAYOHALL, BANGALORE, DISMISSING THE SUIT FOR DECLARATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 5 - HC-KAR NC: 2026:KHC:14456-DB RFA No. 1662 of 2017 CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The appeal has been taken on revised call. 2. On the last date of hearing i.e., on 10.02.2026, this Court passed the following order: "The learned counsel for the appellant submits that he is very confident about his words that on the next date of posting of the appeal, he will not take any adjournment and will argue the matter on merit. Considering the words of confidence expressed by the learned counsel for the appellant, we adjourn the hearing of this appeal to 25.02.2026 with rider that any attempt on behalf of the learned counsel for the appellant to take adjournment will only result in dismissal of the appeal with heavy costs. Office objections, if any, to be removed before the next date of posting of the appeal. If any office objection remains unattended, the appeal would also be dismissed for non-prosecution." 3. The order sheet is replete with adjournments on behalf of the appellant. 4. Even today when the matter was taken up, the learned counsel for the appellant was not present neither - 6 - HC-KAR NC: 2026:KHC:14456-DB RFA No. 1662 of 2017 in the first call nor in the revised call and there is no representation on behalf of the appellant. Therefore, the appeal is dismissed for non-prosecution. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE PK List No.: 1 Sl No.: 13