Municipal Council's second appeal against a decree in a suit concerning injunction was dismissed for non-prosecution after its counsel retired and the appellant failed to engage new counsel or appear despite notice.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO.2076 OF 2021 (INJ)
BETWEEN:
CITY MUNICIPAL COUNCIL KANAKAPURA TOWN REP. BY ITS COMMISSIONER MUNICIPAL OFFICE, KANAKAPURA RAMANAGARA DISTRICT - 562 117
…APPELLANT
(BY THE COMMISSIONER, CITY MUNICIPAL COUNCIL [ABSENT]) AND:
Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA
SRI H M MAHADEVAMMA W/O D KEMPAIAH AGED ABOUT 71 YEARS R/AT NO.124, SRINIVASA NILAYA BWWSSB PIPELINE WEST BRINDAVANA NAGARA KANAKAPURA CITY RAMANAGARA DISTRICT - 562 117
…RESPONDENT
THIS RSA IS FILED U/S.100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 20.03.2021 PASSED IN R.A.NO.5063/2019 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA, SITTING AT KANAKAPURA AND ETC.
NC: 2024:KHC:26076 RSA No. 2076 of 2021
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The counsel for the appellant has filed a memo for retirement along with the postal acknowledgment for having served the copy of the letter dated 17.09.2023 to the appellant which was served on 22.09.2023. In view of the memo for retirement along with the acknowledgment, the counsel is permitted to retire from the case. In view of service of retirement memo on the appellant on 22.09.2023 itself, till date, the appellant has not taken steps to engage the new counsel or appeared in person to prosecute the case. Hence, the conduct of the appellant shows that the appellant is not pursing the matter diligently inspite of service of notice on 22.09.2023. Hence, the appeal is dismissed for nonprosecution.
In view of dismissal of the main appeal, I.AS. if any, do not survive for consideration and the same stand disposed of.
Sd/JUDGE
SN
1 provisions across 1 enactments
City Municipal Council Kanakapura Town rep. by its Commissioner
Sri H M Mahadevamma W/o Kempaiah
H.P.Sandesh
As recorded by the court registry
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