The High Court of Karnataka dismissed an original second appeal due to the appellant's non-prosecution, noting the appellant had filed a retirement memo and was absent from the final hearing.
The appeal was dismissed for non-prosecution.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 485 OF 2012 (INJ)
BETWEEN:
SHRI SYED RAFI MANJU S/O JANAB SYED MANU, MAJOR, R/AT NO.3150, DAWOOD KHAN ROAD, LASHKAR MOHALLA, MYSORE.
…APPELLANT
(BY SRI. SYED RAFI MANJU, (ABSENT)
AND:
W/O LATE MADAIAH, MAJOR, R/AT HOUSE AT ASHWATHKATTE ROAD, KYATHAMARANAHALLI, MYSORE CITY.
Digitally signed by BHAVANI BAI G Location: High Court of Karnataka
(SINCE DEAD BY HIS L.RS)
NC: 2023:KHC:43165 RSA No. 485 of 2012
(d) SHIVANNA
S/O LATE MADAIAH, AGED MAJOR,
ALL ARE R/AT HOUSE NO.1537, SITUATED AT ASHWATHKATTE ROAD, KYATHAMARANAHALLI, MYSORE CITY,
…RESPONDENTS
(R1(a) TO R1(d) ARE SERVED AND UNREPRESENTED)
THIS RSA IS FILED UNDER ORDER XLII RULE 1 R/W SEC.100 OF CPC., AGAINST THE JUDGMENT & DECREE DATED 5.12.2011 PASSED IN R.A.NO.247/2002 ON THE FILE OF THE JUDGE, COURT OF SMALL CAUSES, MYSORE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED: 24.7.2002 PASSED IN OS.NO.263/1998 ON THE FILE OF IV AD.F.C.J (JR.DN) MYSORE.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The learned counsel for the appellant has filed a memo for retirement along with the copy of the retirement notice, postal receipt and track consignment. On 22.11.2023, the Court permitted learned counsel to retire from the case of the appellant and office was directed to print the name of the appellant in the cause list. Accordingly, the name of the appellant is printed in the cause list.
NC: 2023:KHC:43165 RSA No. 485 of 2012
appellant is not interested in prosecuting the appeal.
prosecution
Sd/JUDGE
GBB List No.: 1 Sl No.: 15 CT:SK
1 issue framed by the court
Whether the appeal filed in RSA No. 485 of 2012 should be prosecuted given that the appellant filed a memo for retirement and did not appear for the final hearing.
SHRI SYED RAFI MANJU
SMT. MANCHAMMA @ CHIKKATHAYAMMA AND OTHERS
ASHOK S. KINAGI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
