The Commissioner vs The Commissioner
2023 Latest Caselaw 4550 Kant

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                                                NC: 2023:KHC:24854
                                                   RSA No. 463 of 2014




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 17TH DAY OF JULY, 2023

                                       BEFORE
               THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
                   REGULAR SECOND APPEAL NO. 463 OF 2014 (DEC/INJ)
              BETWEEN:

              THE COMMISSIONER
              MYSORE CITY CORPORATION,
              P.B. NO.27, SAYYAJI ROAD,
              MYSORE-570 001.
                                                           ...APPELLANT
              (BY SRI GAURAV.G.K, ADVOCATE)

              AND:
              1.   THE COMMISSIONER
                   MYSORE URBAN DEVELOPMENT AUTHORITY,
                   J.L.B. ROAD,
                   MYSORE-570 001.

              2.   SMT. H.S.NAGARATHNAMMA
                   W/O H.G. CHINNASWAMY,
                   AGED ABOUT 63 YEARS,
Digitally
signed by R        RESIDING AT NO.1336/1,
MANJUNATHA
                   4TH CROSS,
Location:
HIGH COURT         KRISHNAMURTHYPURAM,
OF
KARNATAKA          MYSORE- 570 001.
                                                       ...RESPONDENTS
              (BY SRI SHARATH GOWDA G.B, ADVOCATE FOR R1;
              SRI KESHAV R AGNIHOTRI, ADVOCATE FOR R2)

                   THIS RSA IS FILED U/S 100 OF CPC AGAINST THE
              JUDGMENT & DECREE DTD 19.07.2011 PASSED IN
              R.A.NO.577/2010 ON THE FILE OF THE COURT OF THE I
              ADDITIONAL DISTRICT JUDGE, MYSORE, ALLOWING THE
              APPEAL AND SET ASIDE THE JUDGEMENT AND DECREE DTD
              23.12.2006 PASSED IN O.S.NO.537/2002 ON THE FILE OF THE
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                                           NC: 2023:KHC:24854
                                              RSA No. 463 of 2014




COURT OF THE III ADDITIONAL I CIVIL JUDGE (JR.DN.) AT
MYSORE.

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

                            JUDGMENT

This Court by order dated 16.07.2019 has granted six

weeks time for filing paper book and passed peremptory order

that if paper book is not filed on or before 03.09.2019, the

appeal shall stands dismissed for non prosecution.

2. Inspite of the said order, the counsel for the

appellant has not filed paper book. Hence, the appeal stands

dismissed for non-prosecution by virtue of order dated

16.07.2019.

3. Learned counsel for the appellant is present and

prays for short accommodation. The same cannot be taken for

consideration, since the appeal is already dismissed in view of

peremptory order dated 16.07.2019.

Sd/-

JUDGE

MR