B M Nagaraju vs M V Rameshbabu
2023 Latest Caselaw 6823 Kant

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                                                            NC: 2023:KHC:34966
                                                        RSA No. 2223 of 2017




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 26TH DAY OF SEPTEMBER, 2023

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                           REGULAR SECOND APPEAL NO. 2223 OF 2017

                   BETWEEN:

                   1.    B.M.NAGARAJU
                         S/O B.M. AMARESHARA
                         AGED ABOUT 47 YEARS
                         R/O. MADESHWARA KUMKUMA SHOP
                         OPPOSITE MUNICIPAL COMPLEX
                         B.H.ROAD, ARASIKERE,
                         HASSAN DISTRICT-573103.
                                                                  ...APPELLANT
                                (BY SRI B.M.NAGARAJU, ADVOCATE)
                   AND:

                   1.    M.V. RAMESHBABU
                         S/O VENKATARAMANA SHETTY
                         AGED ABOUT 52 YEARS
Digitally signed
by SHARANYA T      2.    R. SANDHYA
Location: HIGH           W/O RAMESH BABU
COURT OF                 AGED ABOUT 42 YEARS
KARNATAKA

                   3.    M.R. ABHINANDAN
                         S/O RAMESH BABU
                         AGED ABOUT 27 YEARS

                         ALL ARE RESIDENTS OF CINEMA ROAD
                         OPPOSITE TO KSRTC BUS STAND
                         ARASIKERE-573 103
                         HASSAN DISTRICT.
                                                               ...RESPONDENTS

                         (BY SRI SADASHIVAIAH K.G., ADVOCATE FOR C/R1-3)
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                                            NC: 2023:KHC:34966
                                         RSA No. 2223 of 2017




     THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 4.8.2017 PASSED IN R.A.
NO.64/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JMFC, ARASIKERE, DISMISSING THE APPEAL AND CONFIRMING
THE JUDGMENT AND DECREE DATED 15.10.2015 PASSED IN
O.S.NO.369/2008 ON THE FILE OF THE II ADDL. CIVIL JUDGE
AND JMFC, ARASIKERE.


     THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
THE COURT MADE THE FOLLOWING:


                            ORDER

This Court vide order dated 11.9.2023 permitted the

counsel for the appellant on record to retire from the case and

also taking note of the NOC obtained from the appellant

discloses appellant had signed the same on 9.9.2023 i.e. two

weeks back. Hence, this Court has given another two weeks

time to engage the counsel and also made it clear that, if

appellant fails to engage the counsel within two weeks, since

the appeal is of the year 2017, the appeal will be dismissed for

non-prosecution.

2. Inspite of an opportunity is given, till date the

appellant has not engaged the counsel and no one has filed

NC: 2023:KHC:34966 RSA No. 2223 of 2017

Vakalath. Hence, this appeal is dismissed, since the appellant

has not engage the counsel.

Sd/-

JUDGE

AP