Appeal dismissed for nonprosecution as appellant failed to engage counsel or appear after receiving notices, despite earlier counsel retiring.
Appeal dismissed for nonprosecution.
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RFA No. 1104 of 2007
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 02ND DAY OF AUGUST, 2022
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH REGULAR FIRST APPEAL NO. 1104 OF 2007 (MON-)
BETWEEN:
…APPELLANT
(BY SRI.N.LIYAKAT ALI KHAN., ADVOCATE)
AND:
…RESPONDENT
(BY SRI. K RAGHAVENDRA RAO AND SMT.V.VIDYA., ADVOCATES)
THIS RFA IS FILED U/S 96 OF CPC AGAINST THE JUDGEMENT AND DECREE DATED 07.02.2007 PASSED IN OS.NO.28/2006 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) GANGAVATHI, DECREEING THE SUIT FOR RECOVERY OF MONEY.
THIS APPEAL COMING ON FOR FINIAL HEARING THIS DAY. THE COURT DELIVERED THE FOLLOWING.
RFA No. 1104 of 2007
JUDGMENT
Appellant is absent. Order sheet reveals that earlier counsel who is on record has given notice of retirement to the appellant. The postal track report indicates that notice of retirement was served on the appellant in the year 2021 itself subsequently, the appellant has not engaged the counsel and also failed to appear before the Court. This Court by order dated 9/11/2021, permitted the earlier counsel to retire from the case and directed to show the name of appellant in the cause list. Again the matter was listed on 7/3/2022, there was no representation for the appellant, however, provided final opportunity to the appellant either to engage a counsel or to appear in person, however, neither the appellant has engaged the service of any counsel nor he was appear in person and hence, it is clear that the appellant is not interested in pursuing the matter. Consequently, the appeal is dismissed for nonprosecution.
Sd/JUDGE
VB
Sri. Imran Rice Mill rep. by Sri. N. Liyakat Ali Khan
M/s Sahaana Agencies rep. by proprietor Sri. Suresh
H.P. Sandesh
As recorded by the court registry
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