IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL REGULAR SECOND APPEAL NO.1006/2016 (RES) BETWEEN:
DADAPEER S/O BABUDDIN SAB AGED ABOUT 55 YEARS PROPRIETOR: KARNATAKA STEEL TRADERS NEW SANTHE MAIDANA CHITRADURGA – 577 501 …APPELLANT [(BY SRI S.SHAKER SHETTY, ADV.(ABSENT)] AND:
1. HABIDA SULTAN W/O SIRAJUDDIN AGED ABOUT 55 YEARS R/AT 3RD CROSS, JCR BADAVANE CHITRADURGA – 577 501 2. SMT.FARJANA BEGUM W/O JAMEEL PASHA AGED ABOUT 50 YEARS R/O NEAR OLD MARKET CAR ESTATE, BELLARY – 583 101 …RESPONDENTS (BY SMT.BUDRUNNISA, ADV.) THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED:04.03.2016 PASSED IN R.A.NO.17/2015 ON THE FILE OF THE 1ST ADDITIONAL SENIOR CIVIL JUDGE, CHITRADURGA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 13.04.2015 PASSED IN O.S.NO.535/2011 ON THE FILE OF THE C/O III ADDITIONAL CIVIL JUDGE AND JMFC., CHITRADURGA.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T No representation for the appellant till 2.45 p.m.
2. On the last hearing date only it was submitted that appellant has handed over the possession of the suit schedule property to the respondents and the matter is settled out of Court. It appears, the appellant is not interested in prosecuting the matter. Therefore, the appeal is dismissed for non-prosecution.
Sd/- JUDGE KNM/-