Mohammad Sadik S/O Jainuddin ... vs Shankarrao S/O Nagappa @ Kadappa
2022 Latest Caselaw 1596 Kant

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         IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH
  DATED THIS THE 02ND DAY OF FEBRUARY, 2022
                         BEFORE
         THE HON'BLE MRS.JUSTICE J.M.KHAZI
                  RSA.No.200133/2017
BETWEEN:
MOHAMMAD SADIK S/O JAINUDDIN DALAL
AGE: 47 YEARS OCC: BUSINESS
R/O: NEW BUS STAND ROAD
ALAND, TQ: ALAND DIST: KALABURAGI.
                                          ... APPELLANT

         (BY SRI. K. M. GHATE, ADVOCATE (ABSENT))
AND:
SHANKARRAO S/O NAGAPPA KADAPPA
AGE: 66 YEARS OCC: BUSINESS
R/O: NEW BUS STAND ROAD,
ALAND TQ: ALAND
DIST: KALABURAGI.                              ... RESPONDENT
        (BY SRI. ANANTH S. JAHAGIRDAR, ADVOCATE)

       THIS   REGULAR   SECOND   APPEAL   IS    FILED   UNDER
SECTION 100 OF CODE OF CIVIL PROCEDURE PRAYING TO SET-
ASIDE THE ORDER OF THE TRIAL COURT IN O.S.NO.39/2004
DATED 04.07.2012 ON THE FILE OF PRINCIPAL CIVIL JUDGE
AND JMFC COURT, ALAND AND ORDER OF THE LOWER
APPELLATE COURT IN R.A.NO.15/2012 DATED 30.06.2016 ON
THE FILE OF SENIOR CIVIL JUDGE, ALAND AND REMAND BACK
FOR FRESH DISPOSAL.

       THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:-
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                         JUDGMENT

No representation for the appellant.

02. The learned counsel for the respondent

submits that already the decree is executed in

E.P.No.2/2017. To that effect the learned counsel for the

respondent has filed a memo with copy of the Execution

Petition and other documents.

03. The said memo is placed on record.

04. It appears that the appellant is not interested

in prosecution the matter. Accordingly, the appeal is

dismissed for non-prosecution.

Sd/-

JUDGE KJJ