Smt Basamma vs Smt Leela
2024 Latest Caselaw 15168 Kant

Karnataka High Court

Smt Basamma vs Smt Leela on 1 July, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                                  -1-
                                                            NC: 2024:KHC:24548
                                                        RSA No. 367 of 2019




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 1ST DAY OF JULY, 2024

                                             BEFORE
                             THE HON'BLE MR JUSTICE H.P.SANDESH
                        REGULAR SECOND APPEAL NO. 367 OF 2019 (PAR)
                   BETWEEN:

                   1.    SMT BASAMMA
                         W/O. RUDRESH,
                         AGED ABOUT 49 YEARS.

                   2.    SRI. T R MOHAN KUMAR
                         S/O. RUDRESH,
                         AGED ABOUT 30 YEARS.

                   3.    SRI. T.R. MALLIKARJUNA
                         S/O. RUDRESH,
                         AGED ABOUT 28 YEARS,

                         ALL ARE R/AT HIREKOGALURU VILLAGE,
                         CHANNAGIRI TALUK,
Digitally signed
by DEVIKA M              DAVANAGERE DISTRICT - 577 002.
Location: HIGH                                                   ...APPELLANTS
COURT OF
KARNATAKA          (BY SMT. BASAMMA,
                       SRI. T.R. MOHAN KUMAR AND
                       SRI. T.R. MALLIKARJUNA, ADVOCATES)

                   AND:

                   1.    SMT. LEELA
                         W/O. CHANDRAPPA,
                         AGED ABOUT 45 YEARS,
                         R/AT KANAKANAGAR,
                         NEAR CHOWDAMMA TEMPLE,
                              -2-
                                           NC: 2024:KHC:24548
                                          RSA No. 367 of 2019




     2ND CROSS, BHADRAVATHI,
     SHIVAMOGA DISTRICT - 577 201.

2.   SMT. RENUKA @ RASMA
     W/O. SHABEER,
     AGED ABOUT 50 YEARS,
     R/AT V.R.P. SHANTHINAGARA,
     BHADRAVATHI TALUK,
     SHIVAMOGGA DISTRICT - 577 201.
                                                  ...RESPONDENTS
(BY SRI. R. SATISH CHANDRA, ADVOCATE FOR R1;
    R2 SERVED)

      THIS RSA IS FILED UNDER SECTION 100               OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 03.03.2018
PASSED IN R.A.NO.57/2015 ON THE FILE OF THE PRINCIPAL
DISTRICT AND SESSIONS JUDGE, DAVANAGERE, DISMISSING
THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE
DATED 17.4.2015 PASSED IN O.S.NO.9/2011 ON THE FILE OF
THE SENIOR CIVIL JUDGE AND JMFC, CHANNAGIRI.

      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE

COURT DELIVERED THE FOLLOWING:

                          JUDGMENT

The appellant's counsel has filed a memo of

retirement stating that he has given NOC along with entire

file to appellant No.3, who was authorized on behalf of

NC: 2024:KHC:24548

other appellant's to engage any other counsel in the above

appeal.

2. This memo of retirement was filed on

25.08.2022 and till date the appellant has not made any

arrangement to engage any other counsel, inspite of NOC

vakalat was taken, for a period of almost two years.

Hence, the counsel is permitted to retire in this case and

also the appellant having knowledge about retirement and

acknowledged the entire file with NOC and not taken any

step, which discloses that, the appellant is not interested

in proceeding the appeal. Therefore, the appeal is

Dismissed.

Sd/-

JUDGE

JJ