Dismissed
Mr Sulaiman Beary v. K Prakash Rao
Karnataka HCRSA/838/2019
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No. 838 of 2019 IN THE HIGH COURT OF…
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No. 838 of 2019 IN THE HIGH COURT OF…
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RSA No. 838 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 838 OF 2019 (SP)
BETWEEN:
…APPELLANT
(BY SRI. SULAIMAN BEARY, APPELLANT-[ABSENT])
AND:
Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA
…RESPONDENT THIS RSA IS FILED UNDER SECTION 100 OF CPC PRAYING TO SET ASIDE THE ORDER PASSED IN R.A.NO.140/2011 PASSED BY VI ADDL. DISTRICT & SESSIONS JUDGE AT D.K. MANGALURU, DATED 27.11.2018 AND THE JUDGMENT AND DECREE PASSED BY THE PRINCIPAL CIVIL JUDGE (SR.DN.) AND C.J.M., AT MANGALURU IN O.S.NO.324/1995 DATED 06.09.2006.
RSA No. 838 of 2019
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Shri B. Lethief, learned counsel for the appellant has filed a memo of retirement dated 08.12.2022.
This Court vide order dated 19.01.2023, taken note of the letter dated 04.12.2022, given an opportunity to engage the Counsel and it is also made clear that if the appellant has not engaged the counsel as undertaken given in the letter, the appeal will be dismissed for non-prosecution.
Inspite of the same, the appellant has not engaged any counsel. The counsel on record is permitted to retire as sought in the memo of retirement. Consequently, the appeal is dismissed for non-prosecution.
Sd/JUDGE
CP
List No.: 1 Sl No.: 17
Mr. Sulaiman Beary
K. Prakash Rao
H.P. Sandesh
As recorded by the court registry
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