Sri Gangadhara S M vs Smt Honnamma
2023 Latest Caselaw 4876 Kant

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                                                        NC: 2023:KHC:26033
                                                          RSA No. 2197 of 2012




                         IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 26TH DAY OF JULY, 2023

                                              BEFORE
                      THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
                         REGULAR SECOND APPEAL NO. 2197 OF 2012 (PAR)
                      BETWEEN:

                         SRI GANGADHARA S M
                         AGED ABOUT 64 YEARS
                         S/O LATE MAYANNA
                         RESIDING AT HOUSE No.1790
                         4TH CROSS, RAJKUMAR ROAD
                         PRAKASHNAGAR, RAJAJINAGAR
                         BANGALORE - 560 021.
                                                                    ...APPELLANT
                      (BY SRI H S PRASHANTH, ADVOCATE - ABSENT)

                      AND:
Digitally signed by
LAKSHMINARAYANA          SMT. HONNAMMA
MURTHY RAJASHRI
Location: HIGH           W/O K PAPEGOWDA
COURT OF                 AGED ABOUT 67 YEARS
KARNATAKA
                         HOUSEWIFE, R/O DOOR No.45
                         SURAGI THOPU, MYSORE PAPER
                         MILLS ROAD, PAPER TOWN POST
                         BHADRAVATHI TALUK - 577 302.
                                                                  ...RESPONDENT


                      (BY SRI T S VENKATESH, ADVOCATE - ABSENT)

                           THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST
                      THE JUDGMENT AND DECREE DATED:12.09.2012 PASSED IN
                      R.A.NO.155/2011 ON THE FILE OF PRESIDING OFFICER, FTC,
                      BHADRAVATHI, ALLOWING THE APPEAL AND SETTING ASIDE THE
                      JUDGMENT AND DECREE DATED:21.04.2011 PASSED IN
                      O.S.145/2006 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC,
                      BHADRAVATHI.
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                                        NC: 2023:KHC:26033
                                          RSA No. 2197 of 2012




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


                         JUDGMENT

1. None appears for the appellant, even though the

matter was taken up for the second time in the afternoon

session.

2. Earlier, this appeal has been dismissed for

non- prosecution as per the order dated 13.06.2016. The

applications made by the appellant in I.A.Nos.1/2019 and

2/2019, seeking condonation of delay in filing the recalling

application and to recall the order dated 13.06.2016, came

to be allowed by order dated 10.01.2020 and the appeal was

ordered to be restored to file, by imposing costs of

Rs.1,000/- payable to the Prime Minister's Relief Fund.

A peremptory order was also passed directing the appellant

to file the paper books, within four weeks, failing which the

appeal stands dismissed.

NC: 2023:KHC:26033 RSA No. 2197 of 2012

3. Inspite of the said order, the costs are not paid and the

paper books are also not filed. Even today there is no

appearance for the appellant. Hence, the appeal is

dismissed for non - prosecution.

Sd/-

JUDGE

GH