Madivalappa S/O Mahadevappa Mashetti v. Kallavva W/O Shekappa Konihola
Case brief
What is this about?
Dismissal for non-appearance; Order 41 Rule 17 CPC default dismissal of Regular First Appeal; appellant and counsel continuously absent at final hearing; Karnataka HC Dharwad Bench, 21-01-2025, Hanchate Sanjeevkumar J.; appeal against judgment/order dated 12.04.2018 in O.S. No.288/2013, Senior Civil Judge and JMFC Kundgol; filed under Section 96 and Order 41 Rule 1 CPC; parties: Madivalappa Mashetti (appellant) v. Kallavva Konihal and 14 other respondents; no issue adjudicated on merits, no precedent discussed, no amount involved.
What did the court decide?
Since neither the appellant nor his counsel appeared when the case was called out, and the order sheet showed continuous absence of both, there being no other alternative, the Regular First Appeal is dismissed under Order 41 Rule 17 of CPC. ¶36