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2025 DAILYLAW 28869 (KAR)

C M MADAIAH v. C.M.POONACHA

RSA/1932/2021 · 2025-08-07

V Srishananda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2023:KHC:32988 RSA No. 1932 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2023 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.1932 OF 2021 (PAR) BETWEEN: C M MADAIAH AGED 72 YEARS, S/O C T MONNAPPA R/AT NELAJI VILLAGE AND POST MADIKERI TALUK, KODAGU DISTRICT …APPELLANT (BY SRI KARUMBAIAH T A, ADVOCATE) AND: 1. C M POONACHA AGED 37 YEARS S/O C M MEDAIAH R/AT NELAJI VILLAGE MADIKERI TALUK, KODAGU DISTRICT 2. C M SUKUMAR AGED 38 YEARS S/O C M MEDAIAH R/AT NELAJI VILLAGE MADIKERI TALUK, KODAGU DISTRICT …RESPONDENTS THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 17.12.2019 PASSED IN R.A.No.9/2018 ON THE FILE OF THE Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2023:KHC:32988 RSA No. 1932 of 2021 PRINCIPAL DISTRICT JUDGE, KODAGU AT MADIKERI AND ETC. THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: O R D E R The learned counsel for the appellant has filed a memo for retirement dated 30.08.2023 along with the acknowledgment of the appellant who has taken back all the papers pertaining to the said case from the advocate on 29.11.2022 with NOC vakalath to engage the service of any other advocate. Hence, the counsel who is on record for the appellant is permitted to retire from the case. 2. When NOC vakalath was taken on 29.11.2022, till date, the appellant has not engaged any counsel. Hence, it appears that the appellant is not interested in pursuing the matter diligently. Thus, the appeal is dismissed for non-compliance of office objections and also non-payment of cost. Sd/- JUDGE SN