A v. Sureshbabu Naidu v M Nanjappa
Case brief
What is this about?
RFA No. 1827 of 2012 (NC: 2025:KHC:46477), High Court of Karnataka, decided 10-11-2025 by V Srishananda, J. Dismissal of Regular First Appeal for non-prosecution after counsel for appellant Nos.1(A & C) filed memo of retirement and parties failed to make arrangements. Appeal targeted judgment/decree dated 17.07.2012 in Ex.No.496/2007 (XI Addl. City Civil Judge, Bangalore, CCH-8) allowing I.A.No.02 under Order 21 Rules 97(1), 98, 101 CPC; instituted under Section 96 CPC. Keywords: non-prosecution dismissal, memo of retirement, Section 96 CPC appeal, Order XXI execution objection allowed, no merits decided, no costs/quantum recorded, respondents included minors represented by mother.
What did the court decide?
As parties had made no suitable arrangements to proceed with the case and the counsel for appellant No.1(A & C) had filed a memo of retirement, the Regular First Appeal stands dismissed for non-prosecution.