K L Banuprakash vs M H Shivakumar
2024 Latest Caselaw 22796 Kant

Karnataka High Court

K L Banuprakash vs M H Shivakumar on 9 September, 2024

                                                   -1-
                                                            NC: 2024:KHC:36595
                                                          RSA NO.563 OF 2020




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 09TH DAY OF SEPTEMBER, 2024

                                              BEFORE
                              THE HON'BLE MR. JUSTICE E.S. INDIRESH
                         REGULAR SECOND APPEAL NO.563 OF 2020 (INJ)
                      BETWEEN:

                      K.L. BANUPRAKASH
                      S/O LINGEGOWDA
                      AGED ABOUT 38 YEARS
                      R/O 3RD CROSS,
                      V.V. NAGARA, MANDYA CITY,
                      MANDYA DISTRICT - 571 401.
                                                                    ...APPELLANT
                      (BY SRI. HARIPRASAD M.B., ADVOCATE (ABSENT))

                      AND:

                      M.H. SHIVAKUMAR
                      S/O HEMANNA
                      AGED ABOUT 34 YEARS,
                      R/O 12TH CROSS, V.V. NAGARA,
                      MANDYA CITY,
Digitally signed by   MANDYA DISRICT - 571 401.
SHARMA ANAND
CHAYA                                                           ...RESPONDENT
Location: High
Court of Karnataka    (BY SRI. K.L. SREENIVAS, ADVOCATE (ABSENT))

                           THIS REGULAR SECOND APPEAL IS FILED UNDER
                      SECTION 100 OF THE CODE OF CIVIL PROCEDURE AGAINST
                      THE JUDGMENT AND DECREE DATED 28TH JANUARY, 2019
                      PASSED IN REGULAR APPEAL NO.87 OF 2017 ON THE FILE OF
                      THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC.,
                      MANDYA, DISMISSING THE APPEAL AND CONFIRMING THE
                      JUDGMENT AND DECREE DATED 08TH SEPTEMBER, 2017
                      PASSED IN ORIGINAL SUIT NO.328 OF 2013 ON THE FILE OF
                      THE II ADDITIONAL CIVIL JUDGE AND JMFC., MANDYA.
                               -2-
                                             NC: 2024:KHC:36595
                                          RSA NO.563 OF 2020




    THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM:     HON'BLE MR. JUSTICE E.S. INDIRESH

                      ORAL JUDGMENT

There is no representation on behalf of the appellant

when the matter was called out in the morning session. The

case was passed over and thereafter, the case was called for

second time, none appears for the parties.

2. Perusal of the order sheet would indicate that, on

previous occasion also none appeared for the appellant. In that

view of the matter, I am of the view that, the appellant is not

interested to prosecute the appeal. Therefore, Regular Second

appeal stands dismissed for non-prosecution.

SD/-

(E.S.INDIRESH) JUDGE

ARK