Smt. Saraswathamma vs Smt. Channamma
2025 Latest Caselaw 343 Kant

Karnataka High Court

Smt. Saraswathamma vs Smt. Channamma on 3 June, 2025

Author: Jyoti Mulimani

Bench: Jyoti Mulimani

                                                    -1-
                                                              NC: 2025:KHC:18633
                                                            RFA No. 1906 of 2017


                      HC-KAR



                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                DATED THIS THE 3RD DAY OF JUNE, 2025

                                                BEFORE
                               THE HON'BLE MS. JUSTICE JYOTI MULIMANI
                            REGULAR FIRST APPEAL NO. 1906 OF 2017 (PAR)
                      BETWEEN:

                      SMT. SARASWATHAMMA
                      D/O LATE RAMAIAH,
                      W/O LATE MUNIYAPPA,
                      AGED ABOUT 61 YEARS,
                      R/AT NO.779,
                      VENKATASWAMY TEMPLE STREET,
                      DOMLUR HUTTING COLONY,
                      1ST STAGE, BANGALORE.
                                                                    ...APPELLANT
                      (BY SRI. NARAYAN.M., ADVOCATE [ABSENT])

                      AND:

                      1.    SMT. CHANNAMMA
                            W/O LATE RAMAIAH,
                            AGED ABOUT 87 YEARS,
Digitally signed by
PREMCHANDRA M R
Location: HIGH        2.    SMT. R.LAKSHMAMMA
COURT OF                    D/O LATE RAMAIAH,
KARNATAKA
                             AGED ABOUT 53 YEARS,

                      3.    SMT. GOWRAMMA
                            D/O LATE RAMAIAH,
                            AGED ABOUT 51 YEARS,
                            SL.NO. 1 TO 3 ARE RESIDING AT
                            PROPERTY NO.55/2, 4TH CROSS,
                            DOMLUR, BANGALORE-560 071.

                      4.    SRI. R.CHANDRA
                            S/O LATE RAMAIAH,
                                   -2-
                                                    NC: 2025:KHC:18633
                                                  RFA No. 1906 of 2017


HC-KAR



    R/AT NO.14, MOORE ROAD,
    FRAZER TOWN, BANGALORE-560 005.
                                                          ...RESPONDENTS
(BY SRI. PAVAN KUMAR.G., ADVOCATE FOR
     SRI. M.D.KRISHNAPPA., ADVOCATE FOR R1 TO 4)

     THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 READ WITH ORDER 41 RULE 1 OF CPC 1908.

     THIS    REGULAR       FIRST        APPEAL       IS    LISTED     FOR
ADMISSION, THIS DAY, THE JUDGMENT WAS DELIVERED AS
UNDER:
                        ORAL JUDGMENT

When the case is called, the appellant is not represented.

When the case is listed and called out, the advocate must be

present. The absence may affect the case.

Sri.Pavan Kumar.G., counsel on behalf of

Sri.M.D.Krishnappa., for respondents 1 to 4 has appeared in

person.

As could be seen from the daily order sheet, the appeal

was listed on 02.06.2025. On that day, there was no

representation on behalf of the appellant. Hence, for

appearance of counsel for the appellant, the appeal was

ordered to be listed on 03.06.2025.

NC: 2025:KHC:18633

HC-KAR

The appeal is listed today. As already noted above, when

the case is called, the appellant is not represented. As could be

seen from the appeal papers, the appeal is filed in the year

2017. Now we are in the month of June 2025. The appeal is

pending from eight years. It appears that the appellant is not

interested in prosecuting the appeal. Hence, the Regular First

Appeal is dismissed for non-prosecution.

Sd/-

(JYOTI MULIMANI) JUDGE TKN