Mallappa Devagouda Patil v. Krishna Appanna Divate
Case brief
What is this about?
Dismissal of regular second appeal for non-prosecution; court notice unserved owing to incomplete address of sole appellant Mallappa Devagouda Patil; demise of advocate on record Sri M.G. Naganuri; successive notice orders dated 08.06.2020, 06.11.2024 and 14.03.2025; letter dated 31.01.2025 from Registrar (Judicial-II) Bombay High Court Appellate Side; bailiff report via Civil Judge Senior Division, Kolhapur received 28.05.2025; liberty to seek revival of appeal in accordance with law; Order XLII Rule 1 read with Section 100 CPC 1908; impugned decree dated 01.04.2014 in R.A.No.48/2012 (Senior Civil Judge, Hukeri); originating suit O.S.No.33/2009 (Civil Judge, Sankeshwar, decree dated 13.07.2011); Karnataka High Court, Dharwad Bench; Justice M.G.S. Kamal; decided 16 June 2025; NC: 2025:KHC-D:7712.
What did the court decide?
Notice was issued only to the address shown in the cause title of the appeal memorandum, and there is no possibility of collecting any other address of the appellant.