RFA NO. 100121/2021 IN THE HIGH COURT OF KARNATAKA AT DHARWAD [SMT V ONKARAMMA W/O SITHARAMA REDDY AND ANOTHER VS. K P SUREDH REDDY S/O LATE K L PAATHANNA AND OTHERS] 03.02.2026 (VIDEO CONFERENCING / PHYSICAL HEARING) CORAM: ADDL. REGISTRAR JUDICIAL ORAL ORDER Case is called out. The learned Counsel for the Appellant is absent. As per Order dated : 04.12.2025, this case is listed on this day for dismissal for non-compliance of the Order dated : 04.12.2025. As per the said Order and also the Order dated: 15.10.2025 and 10.07.2024, the Appellant was required to file necessary application for service of notice to R14 and R15 through paper publication. But the Appellant has also not complied the same, inspite of giving sufficient opportunity and inspite of specific order on 15.10.2025 & 04.12.2025 that, if the Order is not complied, the matter would be listed for dismissal. The learned Counsel for the Appellant is also absent. This shows that, the Appellant is not interested in proceeding with the matter. As per Chapter-XII, Rule 14(2) of Karnataka High Court Rules, the Registrar has the power to pass a peremptory order of dismissal, if the compliance is not made within the time extended. As per Chapter-XII, Rule 14(3) of Karnataka High Court Rules, the party is entitled to apply for setting aside the peremptory order by making an application to the Court having assignment of the subject. - 2 - RFA NO. 100121/2021 As per Clause No. C VIII (B), of SOP dated : 06.01.2026 regarding the process of scrutiny and listing of matters/cases before Courts and Nominated Registrars in the High Court of Karnataka, Bengaluru issued on 06.01.2026, the application to recall the peremptory order made within a period of four weeks from the date of the Order, can be filed before the Nominated Registrar and the application made after the period of four weeks has to be listed before the Hon’ble Court. Hence, the following Order is passed by exercising the powers as per Chapter-XII, Rule 14(2) of Karnataka High Court Rules. ORDER The Memorandum of Appeal filed by the Appellant under Sec. 96 of Civil Procedure Code is dismissed for non-compliance of the Order dated : 10.07.2024, with no order as to costs. The Appellant is entitled to make an application setting aside this Order . The application to recall the peremptory order, if filed within a period of four weeks from the date of this Order, is ordered to be listed before the Nominated Registrar as per Clause No. C VIII (B), of SOP dated : 06.01.2026 regarding the process of scrutiny and listing of matters/cases before Courts and Nominated Registrars in the High Court of Karnataka, And if the application is made after the period of four weeks from the date of this Order shall be listed before the Court having assignment of the subject as per Chapter-XII, Rule 14(3) of Karnataka High Court Rules, 1959. Sd/- (JERALD RUDOLPH MENDONCA) ADDL. REGISTRAR (JUDICIAL) & NOMIATED REGISTRAR List No.: 56 Sl No.: 75