Sri G V Srinivasa vs Sri Koushik
2023 Latest Caselaw 7171 Kant

                                                -1-
                                                             NC: 2023:KHC:36764
                                                           RSA NO.1307 OF 2022




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 10TH DAY OF OCTOBER, 2023

                                               BEFORE
                             THE HON'BLE MR. JUSTICE H.P. SANDESH
                         REGULAR SECOND APPEAL NO.1307 OF 2022(INJ)
                      BETWEEN:

                      SRI. G.V. SRINIVASA
                      S/O H.S. VIRANNA
                      AGED ABOUT 61 YEARS,
                      MIG-21, MAIN ROAD,
                      GOPALA, KHB COLONY,
                      SHIVAMOGGA - 577 204.
                                                                   ...APPELLANT
                      (BY SRI. B.C. VENKATESH, ADVOCATE)

                      AND:

                      SRI. KOUSHIK
                      S/O THIMME GOWDA
                      AGED ABOUT 44 YEARS
                      MALLIKARJUNA EXTENSION
Digitally signed by   3RD CROSS
ARUN KUMAR M S        SHIVAMOGGA - 577 201.
Location: High                                                   ...RESPONDENT
Court of Karnataka
                            THIS REGULAR SECOND APPEAL IS     FILED UNDER
                      SECTION 100 OF CODE OF CIVIL PROCEDURE AGAINST THE
                      JUDGMENT AND DECREE DATED 09TH JUNE, 2022 PASSED IN
                      REGULAR APPEAL NO.54 OF 2019 ON THE FILE OF THE
                      PRINCIPAL SENIOR CIVIL JUDGE AND CJM, SHIVAMOGGA,
                      DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT
                      AND DECREE DATED 08TH MARCH, 2019 PASSED IN ORIGINAL
                      SUIT NO.14 OF 2013 ON THE FILE OF THE III ADDITIONAL
                      CIVIL JUDGE AND JMFC SHIVAMOGGA.

                           THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
                      THE COURT DELIVERED THE FOLLOWING:
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                                              NC: 2023:KHC:36764
                                          RSA NO.1307 OF 2022




                        JUDGMENT

Learned counsel for the appellant absent.

2. This Court, on the earlier date of hearing i.e., on 25th

September, 2023 also noticed that the learned counsel for the

appellant was absent, though the matter is moved before the

Court. Having considered the said fact, it is made clear that, if

the learned counsel for the appellant does not appear before

the Court on the next date of hearing, the appeal will be

dismissed for non-prosecution.

3. In spite of the same, today also the learned counsel

for the appellant absent and not pursuing the matter diligently.

4. Hence, this appeal is dismissed for non-prosecution

in view of the earlier order dated 25th September, 2023.

Sd/-

JUDGE

ARK