K S Shivakumar vs Mohan Ramachandra Badagi
2022 Latest Caselaw 137 Kant

                         1




  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 4TH DAY OF JANUARY, 2022

                      PRESENT

        THE HON'BLE MR. JUSTICE G. NARENDAR

                       AND

THE HON'BLE Mr. JUSTICE SHIVASHANKAR AMARANNAVAR

      REGULAR FIRST APPEAL No.1887/2018(MON)

 BETWEEN :


   K S SHIVAKUMAR
   S/O. LATE K. SIDDAPPA,
   AGED ABOUT 41 YEARS,
   BUSINESS,
   R/O KURKI VILLAGE,
   DAVANAGERE DISTRICT 577514.

                                      ...APPELLANT
 (BY SRI YOGESH, ADVOCATE FOR
  SRI VIRUPAKSHAIAH P.H., ADVOCATE)

 AND:

 1.     MOHAN RAMACHANDRA BADAGI
        AGED ABOUT 51 YEARS.

 2.     P M DESAI
        AGED ABOUT 49 YEARS,
                              2




     BOTH ARE PARTNERS OF
     M/S. OM CONSTRUCTIONS ENGINEERS &
     CONTRACTORS,
     R/O DOOR No.38, TEACHERS LAYOUT,
     (ADYAPAKARA NAGARA),
     NEAR SUB JAIL,
     HUBLI - 580 032.

                                            ...RESPONDENTS

     THIS REGULAR FIRST APPEAL IS FILED UNDER
SEC.96 CPC., AGAINST THE JUDGMENT AND DECREE
DATED 22.11.2016 PASSED IN OS No.29/2011 ON
THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE,
DAVANAGERE DISMISSING THE SUIT FOR RECOVERY
OF MONEY.

     THIS APPEAL COMING ON FOR ORDERS THIS
DAY, G. NARENDAR J, DELIVERED THE FOLLOWING;

                       JUDGMENT

Learned counsel for the appellant submits that

the appellant has been notified regarding office

objections pertaining to non-payment of Court Fee

and despite such intimation, the appellant has neither

neither instructed the counsel nor has made

arrangements to pay the Court fee. It is submitted by

the learned counsel for the appellant that he

attempted to contact the appellant, but has failed.

2. The submission of the learned counsel for

the appellant is placed on record.

3. The appeal stands dismissed for non-

prosecution.

Sd/-

JUDGE

Sd/-

JUDGE

SBS*