City Municipal Council vs N Raju
2024 Latest Caselaw 14538 Kant

Karnataka High Court

City Municipal Council vs N Raju on 25 June, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                              -1-
                                                           NC: 2024:KHC:23147
                                                        RSA No. 2072 of 2021




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 25TH DAY OF JUNE, 2024

                                           BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                           REGULAR SECOND APPEAL NO. 2072 OF 2021

                   BETWEEN:

                   1.    CITY MUNICIPAL COUNCIL
                         KANAKAPURA TOWN
                         REP. BY ITS COMMISSIONER
                         MUNICIPAL OFFICE
                         KANAKAPURA
                         RAMANAGARA DISTRICT-562 117.
                                                                 ...APPELLANT

                   AND:

                   1.    N. RAJU
                         S/O LATE NARASIMHAIAH
                         AGED ABOUT 46 YEARS
                         RESIDING AT BRINDAVANA NAGARA,
                         BESIDE PIPELINE,
Digitally signed
by DEVIKA M              RAGHAVENDRA TILES FACTORY ROAD,
Location: HIGH           KANAKAPURA CITY,
COURT OF                 RAMANAGARA DISTRICT-562 117.
KARNATAKA                                                      ...RESPONDENT

                        THIS RSA IS FILED UNDER SECTION 100 OF THE CPC,
                   PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED
                   20.03.2021 PASSED BY THE COURT OF THE II ADDITIONAL
                   DISTRICT AND SESSIONS JUDGE, RAMANAGARA, SITTING AT
                   KANAKAPURA IN R.A.NO.5065/2019 (OLD R.A.NO.29/2017)
                   AND THE JUDGMENT AND DECREE DATED 30.06.2017 PASSED
                   BY THE COURT OF THE II ADDITIONA CIVIL JUDGE AND JMFC
                   AT KANAKAPURA IN O.S.NO.490/2014 AND DISMISS THE SUIT
                   WITH COSTS.
                                  -2-
                                                     NC: 2024:KHC:23147
                                                RSA No. 2072 of 2021




    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 memo for retirement. Along with the memo, letter dated

17.09.2023, postal receipt and postal acknowledgement are

produced and acknowledgement is dated 22.09.2023 and

inspite of letter being received by the appellant, the appellant

has not engaged any counsel. Hence, Sri A.V. Gangadharappa,

learned counsel is permitted to retire.

In view of service of notice of retirement dated

22.09.2023 and almost eight months having been elapsed, the

appellant has not engaged any counsel and it appears that the

appellant is not interested in pursuing the matter.

Accordingly, the appeal is dismissed.

Sd/-

JUDGE ST