Karnataka High Court
Smt Basamma vs Smt Leela on 1 July, 2024
Author: H.P.Sandesh
Bench: H.P.Sandesh
-1-
NC: 2024:KHC:24548
RSA No. 367 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 367 OF 2019 (PAR)
BETWEEN:
1. SMT BASAMMA
W/O. RUDRESH,
AGED ABOUT 49 YEARS.
2. SRI. T R MOHAN KUMAR
S/O. RUDRESH,
AGED ABOUT 30 YEARS.
3. SRI. T.R. MALLIKARJUNA
S/O. RUDRESH,
AGED ABOUT 28 YEARS,
ALL ARE R/AT HIREKOGALURU VILLAGE,
CHANNAGIRI TALUK,
Digitally signed
by DEVIKA M DAVANAGERE DISTRICT - 577 002.
Location: HIGH ...APPELLANTS
COURT OF
KARNATAKA (BY SMT. BASAMMA,
SRI. T.R. MOHAN KUMAR AND
SRI. T.R. MALLIKARJUNA, ADVOCATES)
AND:
1. SMT. LEELA
W/O. CHANDRAPPA,
AGED ABOUT 45 YEARS,
R/AT KANAKANAGAR,
NEAR CHOWDAMMA TEMPLE,
-2-
NC: 2024:KHC:24548
RSA No. 367 of 2019
2ND CROSS, BHADRAVATHI,
SHIVAMOGA DISTRICT - 577 201.
2. SMT. RENUKA @ RASMA
W/O. SHABEER,
AGED ABOUT 50 YEARS,
R/AT V.R.P. SHANTHINAGARA,
BHADRAVATHI TALUK,
SHIVAMOGGA DISTRICT - 577 201.
...RESPONDENTS
(BY SRI. R. SATISH CHANDRA, ADVOCATE FOR R1;
R2 SERVED)
THIS RSA IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 03.03.2018
PASSED IN R.A.NO.57/2015 ON THE FILE OF THE PRINCIPAL
DISTRICT AND SESSIONS JUDGE, DAVANAGERE, DISMISSING
THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE
DATED 17.4.2015 PASSED IN O.S.NO.9/2011 ON THE FILE OF
THE SENIOR CIVIL JUDGE AND JMFC, CHANNAGIRI.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
The appellant's counsel has filed a memo of retirement stating that he has given NOC along with entire file to appellant No.3, who was authorized on behalf of -3- NC: 2024:KHC:24548 RSA No. 367 of 2019 other appellant's to engage any other counsel in the above appeal.
2. This memo of retirement was filed on 25.08.2022 and till date the appellant has not made any arrangement to engage any other counsel, inspite of NOC vakalat was taken, for a period of almost two years. Hence, the counsel is permitted to retire in this case and also the appellant having knowledge about retirement and acknowledged the entire file with NOC and not taken any step, which discloses that, the appellant is not interested in proceeding the appeal. Therefore, the appeal is Dismissed.
Sd/-
JUDGE JJ List No.: 1 Sl No.: 23