IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR M.F.A.NO.4848 of 2014 (CPC) BETWEEN:
Sri.A.Narasimhan, S/o late Ayyakannu Mudaliar, Aged about 49 years, Residing at No.17/B/14, 2nd Cross, Muni Reddy Layout, Chikkalasandra, Bengaluru – 560061.
(By Sri.M.K.Kempegowda, Advocate - absent) AND:
Sri.S.A.Padmanabhan, S/o. late K.R.Sadashivam, Aged about 83 years, Residing at No.3/557, 2nd Cross, Samadhi Road, Puttaparthy – 515134. Ananthapur District, Andhra Pradesh.
…Appellant ... Respondent (By Sri.K.T.Vasudeva Iyengar, Advocate for GPA holder) This MFA is filed under Order 43 Rule 1 (d) of Code of Civil Procedure, praying to set aside the order dated 26.06.2014 passed in Misc.No.336/2012 on the file of the III Additional Senior Civil Judge, Court of Small Causes, Bengaluru, dismissing the petition filed under Order 9 Rule 13 read with Section 151 of CPC to set aside the judgment and decree in SC No.1650/2011 dated 22.02.2012.
This appeal coming on for Admission this day, the Court made the following:
ORDER The appellant’s counsel is absent. Order sheet shows that appellant is continuously absent. This shows appellant is not interested in prosecuting the appeal. Therefore, appeal is dismissed for non-prosecution.
Sd/- JUDGE SB