- 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, MANDYA DISRICT - 571 401. …RESPONDENT (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. Digitally signed by SHARMA ANAND CHAYA Location: High Court of Karnataka - 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