- 1 - NC: 2025:KHC:89 RSA No. 1004 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA RSA NO. 1004 OF 2014 (DEC-INJ) BETWEEN: MR. H.L. SHARATH S/O H.B. LAXMANAGOWDA AGED ABOUT 41 YEARS AGRICULTURIST, R/AT B. HOSAHALLI VILLAGE B. HOSAHALL POST MUDIGERE TALUK 577 132 …APPELLANT (BY SRI.H.L.SHARATH, ADV.) AND: 1. SMT. G.M. RENUKA AGED ABOUT 45 YEARS W/O LATE H.B. NARAYANA 2. KUM. NIHARIKA AGED ABOUT 17 YEARS D/O LATE H.B. NARYANA NOW REP. BY HER MOTHER AND NATURAL GUARDIAN SMT G.M. RENUKA R/AT SANDESH THEATRE SANTHE MAIDAN, MUDIGERE TALUK MUDIGERE 577 132 3. I.N BASAVARAJ AGED ABOUT 44 YEARS S/O I.P NINGEGOWDA COFFEE PLANTER R/AT AIRVALLI VILLAGE & POST KASABA HOBLI, BELUR TALUK HASSAN DISTRICT, NOW R/AT B.HOSAHALLI VILLAGE B. HOSAHALLI POST MUDIGERE TALUK 577 132 …RESPONDENTS (BY SRI. T. K. PUTTAPPA, ADV. FOR C/R1) Digitally signed by MALA K N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:89 RSA No. 1004 of 2014 THIS RSA IS FILED UNDER ORDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 19.04.2014 PASSED IN R.A.NO.61/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE, CHIKMAGALUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 15.07.2011 PASSED IN O.S.NO.40/2007 ON THE FILE OF PRL. CIVIL JUDGE & JMFC., MUDIGERE. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA ORAL JUDGMENT As per order dated 29.11.2024, Sri M.S. Raghavendra Prasad, learned counsel appearing for the appellant has filed memo of retirement and same was accepted. The memo of retirement is annexed with postal track record would indicate that "item was delivered to the appellant" on 12.04.2021. The appellant has not appeared thereafter and it shows that he is not interested in prosecuting the appeal. Hence, the appeal is dismissed for non-prosecution. SD/- (T.G. SHIVASHANKARE GOWDA) JUDGE MKM List No.: 1 Sl No.: 34