Mahadevashetty vs Srinivasa
2023 Latest Caselaw 1297 Kant

                                              -1-
                                                       RSA No. 1884 of 2017




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 14TH DAY OF FEBRUARY, 2023

                                           BEFORE

                              THE HON'BLE MR JUSTICE H.P.SANDESH

                           REGULAR SECOND APPEAL NO.1884 OF 2017

                   BETWEEN:

                   MAHADEVASHETTY,
                   S/O LATE MARISHETTY,
                   AGED ABOUT 70 YEARS,
                   R/A HOSAKOTE VILLAGE,
                   CHIKKAIHNA CHATHRA HOBLI,
                   NANJANGUD TALUK,
                   MYSURU DISTRICT-571301.
                                                                 ...APPELLANT

                          (BY SRI MANJUNATH N.D., ADVOCATE - ABSENT)

                   AND:

                   SRINIVASA,
                   S/O LATE B.C. PAPANNA,
Digitally signed
by SHARANYA T      AGED ABOUT 50 YEARS,
Location: HIGH     R/AT NO.2105/A, THURABALLA GALLI,
COURT OF           MANDI MOHALLA,
KARNATAKA
                   MYSURU CITY-570001.
                                                            ...RESPONDENT

                               (BY SRI H.S. SOMNATH, ADVOCATE)

                        THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC,
                   AGAINST THE JUDGMENT AND DECREE DATED 18.01.2017
                   PASSED IN RA NO.25/2015 ON THE FILE OF THE SENIOR
                   CIVIL JUDGE AND JMFC, NANJANGUD, ALLOWING THE
                   APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE
                   DATED 25.04.2015 PASSED IN OS NO.516/2012 ON THE FILE
                   OF THE ADDL. CIVIL JUDGE AND JMFC, NANAJANAGUD.
                               -2-
                                       RSA No. 1884 of 2017




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

                         JUDGMENT

The learned counsel for the appellant is absent.

This Court vide order dated 30.01.2023 taken note of the

absence of the learned counsel for the appellant and also

noted that the learned counsel is not pursuing the matter

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

opportunity was given and made it clear that if the

learned counsel for the appellant does not appear on the

next date of hearing, the appeal will be dismissed for

non-prosecution. Inspite of the said order, there is no

representation on behalf of the appellant. Hence, the

appeal is dismissed for non-prosecution.

Sd/-

JUDGE

MD