IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL REGULAR SECOND APPEAL NO.1024/2018 (POS) BETWEEN:
K.R. JANARDHANA S/O RAMANNA AGED ABOUT 57 YEARS R/AT SIDDALINGAPURA TORENOOR POST SOMAWARPET TALUK KODAGU DISTRICT – 571 236 …APPELLANT [(BY SRI D.MUKUNDA, ADV. (ABSENT)] AND:
K. BELLIAPPA GOWDA S/O SOMAPPA GOWDA AGED ABOUT 82 YEARS R/AT NUCHILA HOUSE EDAMANGALA VILLAGE SULLIA TALUK PUTTUR, D.K. DISTRICT – 574 201 …RESPONDENT (BY SRI THARANATH SHETTY K., ADV.) THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED:21.08.2017 PASSED IN R.A.NO.40/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE, SOMAVARAPET DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED:14.09.2016 PASSED IN O.S.NO.59/2012 ON THE FILE OF THE CIVIL JUDGE AND JMFC., KUSHALNAGAR.
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 3.45 p.m.
2. Learned Counsel for the respondent submits that the decree has already been executed and possession of the property is delivered to the respondent. He files memo along with copies of report of execution of Delivery warrant and mahazar.
3. There was no representation for the appellant even on the previous hearing dates. It appears, appellant is not interested in prosecuting the appeal. Therefore, the appeal is dismissed for non- prosecution.
Sd/- JUDGE KNM/-