Sri H M Mahadevaswamy v. Sri Bhaskara
Case brief
What is this about?
High Court of Karnataka, Bengaluru (NC: 2025:KHC:53734); RSA No. 116 of 2021 (DEC/INJ); oral judgment dated 17-12-2025 by Hon'ble H.P. Sandesh, sole member of the coram. Second appeal under Section 100 CPC dismissed at the admission stage solely because the appellant, despite notice served on 13.11.2025 and two weeks' time with a warning, failed to engage counsel (earlier advocate having retired) and failed to appear. Underlying litigation between parties of Mandya/Srirangapatna (trial: O.S.No.90/2013, Additional Senior Civil Judge, Srirangapatna; first appeal: R.A.No.5004/2018, III Addl. District and Sessions Judge, Mandya) was not touched on merits. Useful only as an instance of dismissal for non-prosecution; cite for no substantive ruling.
What did the court decide?
Despite notice served on the appellant on 13.11.2025 and two weeks' time granted to engage counsel, with a clear warning of dismissal, the appellant neither engaged counsel nor appeared before the Court, showing no interest in pursuing the matter.