Sri M Muniswamy Since Deceased by His Lrs. v. Smt N M Hemavathi
Case brief
What is this about?
Dismissal of a Regular First Appeal for non-prosecution; appeal under Section 96 CPC against decree dated 17.11.2007 of XI Addl. City Civil Judge, Bangalore (CCH-8) in O.S.No.5336/1994 dismissing a suit for specific performance; appellants (legal representatives of late M Muniswamy) absent; notices to appellant Nos. 1 and 4 returned unserved ('Appellant No.1 is no more', 'Insufficient address'); High Court of Karnataka, judge V Srishananda, decided 26.11.2025; no cases cited, no quantum involved.
What did the court decide?
With none appearing for the appellants, notice to respondents No.2, 3 and 5 to 7 served, and notices in respect of appellant No.4 ('Insufficient address') and appellant No.1 ('Appellant No.1 is no more') returned unserved, the Court was left with no alternative and dismissed the appeal for non-prosecution (printed in the order sheet as 'non-persecution').