Shri Syed Rafi Manju vs Smt Manchamma
2023 Latest Caselaw 8913 Kant

Karnataka High Court

Shri Syed Rafi Manju vs Smt Manchamma on 29 November, 2023

                                                  -1-
                                                           NC: 2023:KHC:43165
                                                         RSA No. 485 of 2012




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 29TH DAY OF NOVEMBER, 2023

                                                BEFORE
                              THE HON'BLE MR JUSTICE ASHOK S.KINAGI
                            REGULAR SECOND APPEAL NO. 485 OF 2012 (INJ)
                      BETWEEN:

                          SHRI SYED RAFI MANJU
                          S/O JANAB SYED MANU,
                          MAJOR, R/AT NO.3150, DAWOOD KHAN ROAD,
                          LASHKAR MOHALLA, MYSORE.
                                                               ...APPELLANT
                      (BY SRI. SYED RAFI MANJU, (ABSENT)

                      AND:

                      1.    SMT. MANCHAMMA
                            @ CHIKKATHAYAMMA,
                            W/O LATE MADAIAH, MAJOR,
                            R/AT HOUSE AT ASHWATHKATTE ROAD,
                            KYATHAMARANAHALLI, MYSORE CITY.
Digitally signed by         (SINCE DEAD BY HIS L.RS)
BHAVANI BAI G
Location: High
Court of Karnataka    (a) M. RAMU
                          S/O LATE MADAIAH,
                          AGED MAJOR,

                      (b) M. MADAIAH
                          S/O LATE MADAIAH,
                          AGED MAJOR,

                      (c)   CHIKKAVEERAIAH
                            S/O LATE MADAIAH,
                            AGED MAJOR,
                                 -2-
                                           NC: 2023:KHC:43165
                                          RSA No. 485 of 2012




(d) SHIVANNA
    S/O LATE MADAIAH,
    AGED MAJOR,
     ALL ARE R/AT HOUSE NO.1537,
     SITUATED AT ASHWATHKATTE ROAD,
     KYATHAMARANAHALLI, MYSORE CITY,
                                              ...RESPONDENTS
(R1(a) TO R1(d) ARE SERVED AND UNREPRESENTED)

     THIS RSA IS FILED UNDER ORDER XLII RULE 1 R/W
SEC.100 OF CPC., AGAINST THE JUDGMENT & DECREE DATED
5.12.2011 PASSED IN R.A.NO.247/2002 ON THE FILE OF THE
JUDGE, COURT OF SMALL CAUSES, MYSORE, DISMISSING THE
APPEAL AND CONFIRMING THE JUDGMENT AND DECREE
DATED: 24.7.2002 PASSED IN OS.NO.263/1998 ON THE FILE
OF IV AD.F.C.J (JR.DN) MYSORE.

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

                           JUDGMENT

The learned counsel for the appellant has filed a memo

for retirement along with the copy of the retirement notice,

postal receipt and track consignment. On 22.11.2023, the

Court permitted learned counsel to retire from the case of the

appellant and office was directed to print the name of the

appellant in the cause list. Accordingly, the name of the

appellant is printed in the cause list.

2. Case called. None appears for the appellant.

NC: 2023:KHC:43165

3. As the appeal is of the year 2012, it seems that the

appellant is not interested in prosecuting the appeal.

4. Accordingly, the appeal is dismissed for non-

prosecution

Sd/-

JUDGE

GBB

CT:SK