Smt. S M Sushilamma vs Sri. A S Umapathi
2023 Latest Caselaw 6563 Kant

                                               -1-
                                                         NC: 2023:KHC:33449
                                                       RSA No. 1143 of 2018




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 15TH DAY OF SEPTEMBER, 2023

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                        REGULAR SECOND APPEAL NO. 1143 OF 2018 (DEC)

                   BETWEEN:

                   1.    SMT. S.M. SUSHILAMMA
                         W/O. LATE A.S. SADASHIVAIAH
                         AGED ABOUT 68 YEARS
                         R/O. SASALAHALLI VILLAGE
                         NONAVINAKERE HOBLI
                         TIPTUR TALUK
                         TUMKUR DISTRICT-572 102.
                                                               ...APPELLANT
                          (BY SMT. S.M.SUSHILAMMA, ADVOCATE [ABSENT])
                   AND:

                   1.    SRI A.S. UMAPATHI
                         S/O. LATE SIDDAIAH
                         AGED ABOUT 71 YEARS
Digitally signed         R/O. KASABA HOBLI
by SHARANYA T            ANNANAIKANAHALLI VILLAGE
Location: HIGH
COURT OF                 ARASIKERE TALUK-573 103.
KARNATAKA
                   2.    SMT. LALITHAMMA
                         W/O. VISHWANATHAIAH
                         AGED ABOUT 63 YEARS
                         R/O. KASABA HOBLI
                         ANNANAIKANAHALIL VILLAGE
                         ARASIKERE TALUK-573 103
                         NOW RESIDING AT
                         C/O. GANGADHARASWAMY
                         HEAD MASTER,
                         HENJAGONDANAHALLI EXTENSION
                         ARSIKERE-573 103.
                                                            ...RESPONDENTS
                                -2-
                                              NC: 2023:KHC:33449
                                          RSA No. 1143 of 2018




     THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE
JUDGEMENT AND DECREE DTD 01.02.2018 PASSED IN
R.A.NO.24/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND JMFC., ARSIKERE, DISMISSING THE APPEAL AND
CONFIRMING THE JUDGEMENT AND DECREE DTD. 07.04.2015
PASSED IN O.S.NO.47/2009 ON THE FILE OF THE II
ADDITIONAL CIVIL JUDGE AND JMFC, ARASIKERE.

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

                            JUDGMENT

The appellant, inspite of receiving the letter of retirement

from the counsel on record on 11.08.2023, till date not

engaged the counsel. However, this Court granted the

opportunity twice and inspite of it, the appellant has not

engaged the counsel.

Hence, it is apparent that the appellant is not interested

in pursuing the matter.

Accordingly, the appeal is dismissed.

Sd/-

JUDGE

ST