J. Narayanappa vs Sri T. Varadaraju
2024 Latest Caselaw 9451 Kant

Karnataka High Court

J. Narayanappa vs Sri T. Varadaraju on 1 April, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

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                                                            NC: 2024:KHC:13071
                                                          RSA No. 1248 of 2009




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 1ST DAY OF APRIL, 2024

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                        REGULAR SECOND APPEAL NO. 1248 OF 2009 (DEC)

                   BETWEEN:

                   1.    J.NARAYANAPPA
                         AGED ABOUT 51 YEARS,
                         S/O LATE JAVAREGOWDA,
                         R/O. KYLANCHA VILLAGE & HOBLI,
                         RAMANAGARA TALUK
                         RAMANGARA DISTRICT-571511.
                                                                  ...APPELLANT

                             (BY SRI. DHRUVA KUMARA D.N., ADVOCATE)
                   AND:

                   1.    SRI T. VARADARAJU
                         AGED ABOUT 51 YEARS

                   2.    SRI T. VISHWANATHA
Digitally signed
by SHARANYA T            AGED ABOUT 49 YEARS
Location: HIGH
COURT OF           3.    SRI RAMAKRISHNA
KARNATAKA                AGED ABOUT 47 YEARS,

                         RESPONDENTS 1 TO 3 ARE
                         THE SONS OF LATE THOPAIAH

                   4.    SMT. PUTTA ANKAMMA,
                         AGED ABOUT 73 YEARS,
                         W/O LATE THOPAIAH

                   5.    SRI C. CHANNEGOWDA,
                         AGED ABOUT 68 YEARS,
                         S/O LATE CHANNEGOWDA
                                -2-
                                            NC: 2024:KHC:13071
                                         RSA No. 1248 of 2009




    RESPONDENTS 1 TO 5 ARE ALL
    R/O. KYLANCHA VILLAGE & HOBLI
    RAMANAGARA TALUK
    RAMANAGARA DISTRICT-571511.
                                                ...RESPONDENTS

    (BY SRI BHUSHANI KUMAR, ADVOCATE FOR R1 TO R4;
             R5 SERVED, BUT UNREPRESENTED)

     THIS RSA IS FILED U/S 100 OF CPC., AGAINST THE
JUDGMENT AND DECREE DATED 30.1.2009 PASSED IN
R.A.NO.48/2006 ON THE FILE OF THE ADDL. CIVIL JUDGE
(SR.DN) RAMANAGARA, DISMISSING THE APPEAL AND
CONFIRMING THE JUDGMENT AND DECREE DATED 28.3.2006
PASSED IN O.S.152/1996 ON THE FILE OF THE CIVIL JUDGE
(JR.DN) & ADDL. JMFC., RAMANAGARAM.

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

                          JUDGMENT

Learned counsel for the appellant has filed a memo along

with retirement letter dated 19.08.2023 and the same is also

acknowledged by the appellant, who is the sole appellant in this

matter. Inspite of acknowledging the letter of retirement, the

appellant has not made any arrangement to engage any

counsel. On perusal of the vakalath as well as the signature

found on the letter of retirement, the same tallies with each

other. Hence, it is clear that the appellant is not interested in

pursuing the matter.

NC: 2024:KHC:13071

Accordingly, the memo for retirement filed by the learned

counsel for the appellant is accepted and he is permitted to

retire from appearing for the appellant. The appeal is also

dismissed in view of the fact that the appellant has not

engaged any counsel.

Sd/-

JUDGE

ST