Regular Second Appeal dismissed for non-prosecution as counsel retired and appellant failed to appear or prosecute the appeal after due notices were issued and returned unserved.
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NC: 2023:KHC:23693 RSA No. 331 of 2010
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR REGULAR SECOND APPEAL NO. 331 OF 2010 (DEC/INJ)
BETWEEN:
SMT. SANJEEVAMMA W/O LATE SRI KARIYAPPA AGED ABOUT 69 YEARS R/O # 75/2, HARIKRUPA DRIVER’S COLONY BEHIND M G STADIUM TUMKUR – 576 201.
…APPELLANT
(BY SMT. SANJEEVAMMA - PARTY – IN PERSON (ABENT))
AND:
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
BANGALORE – 560 001.
TUMKUR DISTRICT – 576 201.
TUMKUR – 576 201.
NC: 2023:KHC:23693 RSA No. 331 of 2010
KURIPALYA
TUMKUR – 576 201.
…RESPONDENTS
(BY SMT. K. SHOBHA HCGP FOR R1-2 R3-4 APPEAL DISMISSED FOR NON-PROSECUTION R5 – SERVICE H/S)
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 12.10.2009 PASSED IN R.A.NO.54/2006 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT-II, TUMKUR, DISMISSING THE APPEAL FILED AGAINST THE JUDGMENT AND DECREE DATED 24.07.2000 PASSED IN O.S.NO.526/1990 ON THE FILE OF THE III ADDL. CIVIL JUDGE (JR.DN) & JMFC., TUMKUR.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellant has retired from
the case as per order dated 06.01.2020. Thereafter name
of the appellant has been shown in the cause list. Court notice has been issued to the appellant. Court notice is returned with a shara that the appellant is not residing in
the given address. Notice has been sent to the appellant to
NC: 2023:KHC:23693 RSA No. 331 of 2010
the address mentioned in the appeal memo. There is no
other address of the appellant for issue of Court notice.
It appears that the appellant is not interested in prosecuting the appeal. Hence, the appeal is dismissed for non-prosecution.
Sd/JUDGE
LRS
List No.: 1 Sl No.: 22
Smt. Sanjeevamma w/o Late Sri Kariyappa
Chief Secretary to Government of Karnataka
Tahasildar Tumkur Taluk
Smt. Rajamma
Smt. Gangamma
Sri Dayananda
Shivashankar Amarannavar
As recorded by the court registry
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