Smt. Sunandamma vs Sri. Shivamadaiah
2022 Latest Caselaw 3035 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 22ND DAY OF FEBRUARY, 2022

                       BEFORE

    THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA

        R.S.A. No.1625 OF 2014_(DEC/INJ)


BETWEEN:

SMT. SUNANDAMMA
W/O. LATE SEENAPPA
AGED ABOUT 51 YEARS
R/AT: CHAMUNDESHWARI LAYOUT
RAMANAGARA TOWN
RAMANAGARA DISTRICT
PIN-562 159.

REP BY HER GPA HOLDER
SRI. NARAYAN
S/O. LATE SUBBANNA
AGED ABOUT 48 YEARS
R/AT NO.100/1, M.R. LANE
MANVARTHPET,
BENGALURU-560 053.
                                         ... APPELLANT
(BY SMT. SUNANDAMMA, BY HER GPA HOLDER
SRI.NARAYAN - ABSENT)

AND:

1. SRI. SHIVAMADAIAH
S/O. LATE SIDDAIAH
AGED ABOUT 51 YEARS
                              2



2. SRI. MARIDEVARU
S/O. LATE SIDDAIAH
AGED ABOUT 49 YEARS

BOTH ARE R/AT:
KEMPEGOWDANA DODDI
JEEGENAHALLI DHAKALE
KASABA HOBLI
RAMANAGARA TALUK
RAMANAGARA DISTRICT
PIN - 562 159.
                                          ... RESPONDENTS

     THIS APPEAL IS FILED UNDER SECTION 100 OF CODE
OF CIVIL PROCEDURE PRAYING TO SET ASIDE THE
JUDGMENT     AND   DECREE    DATED    16.03.2012  IN
O.S. NO.355/2008 PASSED BY THE PRL. CIVIL JUDGE AND
JMFC AT RAMANAGARA AND ALSO IN R.A.NO.36/2012 ON
THE FILE OF ADDL. SENIOR CIVIL JUDGE, RAMANAGARA,
VIDE ITS ORDER DATED 07.08.2014, TO ALLOW THE APPEAL
BY DECREEING THE SUIT OF THE APPELLANT.

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

                          JUDGMENT

This second appeal was preferred by the appellant

through her GPA Holder.

2. The learned counsel appearing for the appellant has

filed a memo dated 22.02.2022 stating that he had no

instructions and he had also issued notice of retirement both

GPA Holder as well as to the appellant. He has produced the

postal track sheets, which indicate that the notices have been

served on both GPA Holder as well as on the appellant.

3. In view of the said memo, the learned counsel for

the appellant is permitted to retire from the case.

4. Though the matter is called out, there is no

representation on behalf of the appellant.

Consequently, this appeal is dismissed for non-

prosecution.

Sd/-

JUDGE

NBM