- 1 - NC: 2023:KHC:24854 RSA No. 463 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2023 BEFORE THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR REGULAR SECOND APPEAL NO. 463 OF 2014 (DEC/INJ) BETWEEN: THE COMMISSIONER MYSORE CITY CORPORATION, P.B. NO.27, SAYYAJI ROAD, MYSORE-570 001. …APPELLANT (BY SRI GAURAV.G.K, ADVOCATE) AND: 1. THE COMMISSIONER MYSORE URBAN DEVELOPMENT AUTHORITY, J.L.B. ROAD, MYSORE-570 001. 2. SMT. H.S.NAGARATHNAMMA W/O H.G. CHINNASWAMY, AGED ABOUT 63 YEARS, RESIDING AT NO.1336/1, 4TH CROSS, KRISHNAMURTHYPURAM, MYSORE- 570 001. …RESPONDENTS (BY SRI SHARATH GOWDA G.B, ADVOCATE FOR R1; SRI KESHAV R AGNIHOTRI, ADVOCATE FOR R2) THIS RSA IS FILED U/S 100 OF CPC AGAINST THE JUDGMENT & DECREE DTD 19.07.2011 PASSED IN R.A.NO.577/2010 ON THE FILE OF THE COURT OF THE I ADDITIONAL DISTRICT JUDGE, MYSORE, ALLOWING THE APPEAL AND SET ASIDE THE JUDGEMENT AND DECREE DTD 23.12.2006 PASSED IN O.S.NO.537/2002 ON THE FILE OF THE Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2023:KHC:24854 RSA No. 463 of 2014 COURT OF THE III ADDITIONAL I CIVIL JUDGE (JR.DN.) AT MYSORE. THIS RSA, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING: JUDGMENT This Court by order dated 16.07.2019 has granted six weeks time for filing paper book and passed peremptory order that if paper book is not filed on or before 03.09.2019, the appeal shall stands dismissed for non prosecution. 2. Inspite of the said order, the counsel for the appellant has not filed paper book. Hence, the appeal stands dismissed for non-prosecution by virtue of order dated 16.07.2019. 3. Learned counsel for the appellant is present and prays for short accommodation. The same cannot be taken for consideration, since the appeal is already dismissed in view of peremptory order dated 16.07.2019. Sd/- JUDGE MR List No.: 1 Sl No.: 21