Sri Jitendra Varma vs Sri M Srinivasan
2022 Latest Caselaw 4919 Kant

                            1


       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 16TH DAY OF MARCH, 2022

                         PRESENT

            THE HON'BLE MR. JUSTICE G.NARENDAR

                           AND

           THE HON'BLE MR. JUSTICE M.G.S. KAMAL

        REGULAR FIRST APPEAL NO.1669 OF 2018 (MON)

BETWEEN:

SRI. JITENDRA VARMA,
S/O I.S.VARMA,
AGED ABOUT 49 YEARS,
RESIDING AT NO.2B-802,
AKME HARMONY APARTMENTS,
ORR, BENGALURU - 560 103.
                                             ... APPELLANT

(BY SRI.MELANIE SEBASTIAL, ADVOCATE)

AND:

1.     SRI. M. SRINIVASAN,
       S/O R. MEENAN,
       AGED ABOUT 53 YEARS,
       RESIDING AT D.NO.12/a,
       NEHA SNOWDOWN ROAD,
       UDHAKAMANDALAM,
       NILIGIRI,
       TAMIL NADU - 643 001.

2.     SRI. PADMANABHAN,
       S/O NEELAKANTAN,
       AGED ABOUT 39 YEARS,
       RESIDING AT ROYAL HOUSE,
       WOODCOOK ROAD,
                                    2


      UDHAKAMANDALAM,
      NILIGIRI,
      TAMIL NADU - 643 001.

3.    SRI.S.KUMAR,
      S/O LATE SIDDARAJU,
      AGED ABOUT 43 YEARS,
      RESIDING AT K.S.N.LAYOUT,
      GUNDLUPET,
      CHAMARAJANAGAR - 571 111.

4.    SRI.S.LOKESH,
      S/O LATE SIDDARAJU,
      MAJOR,
      RESIDING AT K.S.N.LAYOUT,
      GUNDLUPET,
      CHAMARAJANAGAR - 571 111.
                                               ... RESPONDENTS

     THIS REGULAR FIRST APPEAL IS FILED U/S.96 R/W ORDER
41 RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE
DATED 04.07.2018 PASSED IN OS.61/2017 (95/2012) ON THE
FILE OF THE SENIOR CIVIL JUDGE AND JMFC GUNDLUPET
PARTLY DECREEING THE SUIT FOR RECOVERY OF MONEY.

     THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS
THIS DAY, G.NARENDAR J, DELIVERED THE FOLLOWING:


                           JUDGMENT

Case called out, there is no representation on behalf of the

appellant.

2. The appeal has been listed for third time to report

compliance of office objections.

3. Memo is preferred by the counsel for the appellant to

retire from the case stating that he has no instructions to

conduct the appeal except acknowledgement of the notice by the

appellant. In that view of the matter, memo for retirement is

rejected.

4. The conduct of the appellant shows that he is not

interested in prosecuting the appeal. Accordingly, the appeal is

dismissed for non-prosecution.

Sd/-

JUDGE

Sd/-

JUDGE

MKM