Sri. Ismail Pasha vs Sri. H.M. Srinivasa
2023 Latest Caselaw 1255 Kant

                                            -1-
                                                      RSA No. 649 of 2022




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 9TH DAY OF FEBRUARY, 2023

                                          BEFORE

                            THE HON'BLE MR JUSTICE H.P.SANDESH

                     REGULAR SECOND APPEAL NO. 649 OF 2022 (MON)

                   BETWEEN:

                   SRI. ISMAIL PASHA
                   S/O MUSTAF SABI,
                   AGED ABOUT 46 YEARS,
                   R/AT ANGALA VILLAGE,
                   GUTTAHALLI POST, KGF TALUK
                   KOLAR DISTRICT 563101

                                                              ...APPELLANT
                   (BY SMT. VEENA KUMARI M, ADVOCATE [ABSENT])

                   AND:

                   SRI. H.M. SRINIVASA
                   S/O MUNIYAPPA,
                   AGED ABOUT 68 YEARS,
Digitally signed
by SHARANYA T      R/AT ANGALA VILLAGE,
Location: HIGH     GUTTAHALLI POST, KGF TALUK
COURT OF           KOLAR DISTRICT 563101
KARNATAKA

                                                            ...RESPONDENT

                        THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC
                   AGAINST THE JUDGMENT AND DECREE DATED 17.02.2022
                   PASSED IN R.A.NO.24/2021 ON THE FILE OF THE ADDITIONAL
                   SENIOR CIVIL JUDGE AND JMFC, KGF AND ETC.

                       THIS R.S.A. COMING ON FOR ADMISSION THIS DAY, THE
                   COURT DELIVERED THE FOLLOWING:
                             -2-
                                       RSA No. 649 of 2022




                    JUDGMENT

This Court vide order dated 24.01.2023 observed

that when the matter was listed on 09.01.2023, the proxy

counsel for the appellant sought time on the ground that

the counsel on record was not keeping well and on

24.01.2023 also there was no representation on behalf of

the appellant. However, in the ends of justice, one more

opportunity was given to the counsel for the appellant to

prosecute the matter and also made it clear that if the

counsel for the appellant fails to prosecute the matter, the

appeal will be dismissed for non-prosecution on the next

date of hearing. Today also there is no representation on

behalf of the appellant. Hence, in view of the peremptory

order dated 24.01.2023, the appeal is dismissed for non-

prosecution.

Sd/-

JUDGE

SN