- 1 - HC-KAR NC: 2025:KHC:19135 RSA No. 2068 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.2068 OF 2021 BETWEEN: 1. CITY MUNICIPAL COUNCIL KANAKAPURA TOWN REPRESENTED BY ITS COMMISSIONER MUNICIPAL OFFICE, KANAKAPURA RAMANAGARA DISTRICT-562 117. …APPELLANT (BY SRI. A.V.GANGADHARAPPA, ADVOCATE IS PERMITTED TO RETIRE VIDE ORDER DATED 06.06.2025) AND: 1. SRINIVASA REDDY S/O KRISHNA REDDY AGED ABOUT 50 YEARS RESIDING AT BWWSSB PIPELINE WEST BRINDAVANA NAGARA KANAKAPUR CITY RAMANAGARA DISTRICT-562 117. …RESPONDENT THIS RSA IS FILED UNDER SECTION 100 OF THE CPC, PRAYING TO ALLOW THIS APPEAL, SET ASIDE THE JUDGMENT AND DECREE DATED 20.03.2021 PASSED BY THE COURT OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA SITTING AT KANAKAPURA IN R.A.NO.5059/2019 (OLD R.A.NO.14/2017) AND THE JUDGMENT AND DECREE DATED 20.03.2015 PASSED BY THE COURT OF THE II ADDITIONAL CIVIL JUDGE AND JMFC AT KANAKAPURA IN O.S.NO.499/2014 AND DISMISS THE SUIT WITH COSTS. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19135 RSA No. 2068 of 2021 THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT Learned counsel for the appellant has filed a memo for retirement dated 30.10.2023 along with copy of the letter addressed to the appellant and also postal acknowledgement for having served notice of retirement dated 17.09.2023 which was served on 22.09.2023. Hence, learned counsel for the appellant is permitted to retire from appearing for the appellant, in view of the letter addressed to the appellant on 17.09.2023 and the same being served on 22.09.2023. However, till date, inspite of service of notice, the appellant has not taken steps to either appear before the Court or engage any counsel. Hence, it is clear that the appellant is not interested in pursuing the matter. Accordingly, the appeal is dismissed. Learned counsel for the impleading applicant submits that application is filed for impleading and when the appeal itself is - 3 - HC-KAR NC: 2025:KHC:19135 RSA No. 2068 of 2021 dismissed, question of considering the impleading application does not arise. Sd/- (H.P.SANDESH) JUDGE ST List No.: 1 Sl No.: 5