IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD. DATED THIS THE 15TH DAY OF FEBRUARY 2011 PRESENT THE HON’BLE MR. JUSTICE NKPATIL AND THE HON’BLE MR. JUSTICE AN. VENUGOPALA GOWDA 02005SP BETWEEN: Neelakanta ( Kantheppa, 59 years, S/o Somappa Badigeri, Agriculturist, R/o Sampagaon591 125, Tq: Bailhongal. Appellant. (By Sri, Nooji Santhosh Kumar Shetty, Adv. ABSENT) AND: Mailappa Basappa Benni, 49 years, Agriculturist, R/o Sarnpagaon591 125, Tal: Bailhong.al. .Respondent B Sri ‘ S Na k ai’d Manjia N iaikarni s This Regular First Appeal is filed under Section 96 of CPC against judgment and decree dated 2006 2005 passed in OS. No30/2002 on the file of.. the Civil Judge (SrDn) & Asst. Sessions Judge, 1.. ailhongal. partly allowing the suit for SOe.cliIC performance of contract by entitlinc the Reso-ndent herein to recover 2,OO,OOO/ with simple future interest at 9% p.a. from the date of execution of agreement till realisation, This appe coming on for final, hearing this day, N. K. Patil J , de.livered the foliowin.g: JUDGMENT Neither the appellant nor the counsel appearing for appellant is present. It appears neither of them is diligent in prosecuting the appeal. Hence, Appeal is dismissed for nonprosecution. JUDGE S JUDGE