The High Court of Karnataka dismissed the second appeal for non-prosecution after finding the appellant failed to take effective steps to comply with interim orders and ceased appearing in the case.
The appeal stands dismissed for non-prosecution.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JULY, 2021
PRESENT
THE HON’BLE MRS.JUSTICE S.SUJATHA
AND
THE HON’BLE MR. JUSTICE E.S.INDIRESH
R.F.A.No.1122/2014
BETWEEN :
K.B.CHANDRASHEKAR S/O A.BASAPPA AGED ABOUT 42 YEARS R/O KATTEBELAGULI VILLAGE HALEKOTE HOBLI HOLENARASIPURA TALUK HASSAN DISTRICT-573211
...APPELLANT
AND :
B.V.KUMARAIAH S/O LATE VEERABADRAIAH AGED ABOUT 49 YEARS R/AT BASAVESHWARA COFFEE WORKS, BALLUPETE & POST SAKALESHPURA TALUK HASSAN DISTRICT-573134 …RESPONDENT
(BY SRI B.K.VIJAY, ADV.)
THIS R.F.A. IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 23.04.2014 IN O.S.NO.4/2010 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, SAKALESHPUR, DECREEING THE SUIT FOR RECOVERY OF MONEY.
- 2 -
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, S. SUJATHA, J ., DELIVERED THE FOLLOWING:
J U D G M E N T
Learned counsel for the appellant has filed a
memo seeking permission to retire from the case.
made to the appellant as per letter dated 05.01.2016 inasmuch as the interim order passed by this Court on 09.12.2015 subject to the appellant depositing 25% of the decreetal amount. A similar letter was addressed to the appellant on 13.03.2020, but there is no response from the appellant.
letters and postal acknowledgement are placed on record.
Sri. C. Amruthesh are permitted to retire from the case.
appellant even to comply with the interim order passed by this Court, it appears the appellant is not serious in prosecuting the appeal.
The appeal stands dismissed for non-prosecution.
Sd/-
JUDGE
Sd/JUDGE
PMR
1 issue framed by the court
Whether the second appeal stands dismissed for non-prosecution.
1 provisions across 1 enactments
K.B. CHANDRASHEKAR
B.V. KUMARAIAH
S. Sujatha
E.S. IndiresH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
