Sri Hanumantharaya v. Sri S M Gangadharaiah
Case brief
What is this about?
Karnataka HC Division Bench (K. Somashekar & Venkatesh Naik T, JJ.), 16.01.2025, RFA No. 187 of 2020 (NC: 2025:KHC:1597-DB): plaintiff's regular first appeal against 15.10.2019 dismissal of O.S.No.6817/2012 (LII Addl. City Civil & Sessions Judge, Bangalore) and dismissal of defendants' plaint-rejection I.A.Nos.10 & 11 under Order 7 Rule 11(b) r/w Section 151 CPC; appeal itself dismissed as devoid of merits using inherent powers under Sections 151 and 148 CPC — steps not taken for some respondents, office defects uncured for the third time, no progress in appeal; no precedent engaged; 47 respondents incl. BBMP Commissioner.
What did the court decide?
The appeal is nothing but a continuity of proceeding with no progress made either by the counsel for the appellant or the appellant, with steps untaken for some respondents and defects uncured even for the third time.