- 1 - RSA No. 923 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF FEBRUARY, 2023 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.923 OF 2017 BETWEEN: SRI S L PRATAP SINGH S/O LATE SRI PANDITH LAKSHMAN SINGH AGED BOUT 63 YEARS R/O CINEMA ROAD SHIVAMOGGA - 577 201 …APPELLANT (BY SRI. S L PRATAP SINGH - ABSENT) AND: 1. SRI K M SATHYANARAYANA S/O SRI D K NARASIMHA RAO AGED ABOUT 67 YEARS R/O CINEMA ROAD SHIVAMOGGA - 577 201 2. SMT RAZIA BEGUM W/O LATE SRI ABDUL SALAM SAB AGEDA BOUT 66 YEARS R/O CINEMA ROAD SHIVAMOGGA - 577 201 …RESPONDENTS THIS RSA IS FILED UNDER SECTION 100 OF CPC., PRAYING TO SET ASIDE THE IMPUGNED JUDGMENTS AND DECREES DATED 12.01.2017 PASSED BY THE COURT OF 3RD ADDITIONAL DISTRICT JUDGE AT SHIVAMOGGA CONFIRMING THE JUDGMENT AND DECREE DATED 30.03.2010 PASSED BY THE COURT OF THE 2ND ADDITIONAL SENIOR CIVIL JUDGE AT SHIVAMOGGA IN O.S.NO.34/1996 AS FAR AS IT CONCERNS TO Digitally signed by REKHA R Location: High Court of Karnataka - 2 - RSA No. 923 of 2017 COUNTER CLAIM FILED BY THE DEFENDATS AND CONSEQUENTLY DECREE THE COUNTER CLAIM FILED BY THE DEFENDANTS IN O.S.NO.34/1996; b) AND GRANT SUCH OTHER ORDER OR ORDERS AS THIS HON'BLE COURT DEEMS FIT UNDER THE CIRCUMSTANCES OF THE CASE, INCLUDING COSTS, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING: JUDGMENT Memo of retirement is filed by Sri.R.B.Sadasivappa, learned counsel, wherein the appellant has acknowledged for having received all the papers from the learned counsel and the said memo is dated 09.03.2020 and the receipt is also dated 09.03.2020. Till date appellant has not made any arrangements to engage any counsel for receiving the brief. Hence, memo for retirement is accepted. Accordingly, appeal is dismissed for non prosecution. Sd/- JUDGE RR List No.: 1 Sl No.: 4