Smt B Shivamma vs Smt A G Shashikala
2024 Latest Caselaw 3133 Kant

Karnataka High Court

Smt B Shivamma vs Smt A G Shashikala on 1 February, 2024

                                                 -1-
                                                              NC: 2024:KHC:4449
                                                           RFA No. 1524 of 2017




                          IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 1ST DAY OF FEBRUARY, 2024

                                                BEFORE

                                THE HON'BLE MR JUSTICE UMESH M ADIGA

                           REGULAR FIRST APPEAL NO. 1524 OF 2017 (MON)

                        BETWEEN:

                        SMT B SHIVAMMA
                        W/O SANNASWAMY
                        RESIDING AT # 149,
                        3RD CROSS, 19TH MAIN
                        VIJAYANAGAR II STAGE,
                        DEVARAJA MOHALLA
                        MYSORE - 570 017.
                                                                   ...APPELLANT

                        (BY SHRI S.A.SRIDHARA MURTHY, ADVOCATE - ABSENT-)

                        AND:

                        SMT A G SHASHIKALA
                        W/O H K MANJUNATH
Digitally signed by D
HEMA                    RESIDING AT # 1512C,
Location: HIGH COURT
OF KARNATAKA            5TH CROSS, 3RD MAIN
                        VIJAYANAGAR II STAGE,
                        DEVARAJA MOHALLA
                        MYSORE - 570 017
                                                                 ...RESPONDENT
                        (BY SHRI B ROOPESHA, ADVOCATE)


                             THIS REGULAR FIRST APPEAL FILED UNDER SECTION 96
                        OF CPC, AGAINST THE JUDGMENT AND DECREE DATED
                        22.03.2014 PASSED IN OS.NO.572/2012 ON THE FILE OF THE
                        II ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MYSURU,
                        PARTLY DECREEING THE SUIT FOR RECOVERY OF MONEY.
                             -2-
                                            NC: 2024:KHC:4449
                                       RFA No. 1524 of 2017




     THIS REGULAR FIRST APPEAL, COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:

                          ORDER

None appears on behalf of the appellant.

2. The learned counsel appearing for the respondent

is present and submits that after obtaining order of stay,

appellant is not prosecuting this appeal.

3. The submission made by the learned counsel

appearing for the respondent is tenable. Even in the order

dated 30.06.2023, the Co-ordinate Bench of this Court had

ordered that, "hence, making it clear that, in case if the

appellants do not comply the direction and do not

prosecute the matter, the Court would proceed to pass

appropriate order including dismissal of the appeal for

non-prosecution. As a final last opportunity, ten day's

time is granted".

4. Thereafter, even after expiry of six months, the

appellant has not complied with the directions of the

Court. It indicates that the appellant is not interested to

NC: 2024:KHC:4449

prosecute the case. Hence, the appeal is dismissed for

non-prosecution.

Sd/-

JUDGE

DH