P Subraya Kalluraya v. K Subba Rao (Since Dead)
Case brief
What is this about?
RSA No. 1412 of 2009 (DEC), High Court of Karnataka (NC: 2025:KHC:46419), decided 13.11.2025 by M G Uma, J. Second appeal under Section 100 CPC against judgment/decree dated 6.6.2009 in R.A.No.25/1993 (Addl. Civil Judge (Sr.Dn) & JMFC, Puttur) confirming decree dated 12.1.1993 in O.S.154/1987 (Prl. Munsiff Court, Puttur). Dismissal of appeal for non-prosecution: appellant No.1(a) Duraga Prasad (LR substituted via IA.1/2017 after death of original appellant P. Subraya Kalluraya) absent despite personal service of court notice. Respondents represented by G. Ravishankar Shastry. No precedent cited, no quantum involved.
What did the court decide?
The appeal is dismissed: although court notice was served personally on appellant No.1(a), neither he nor anybody on his behalf appeared, and he showed no interest in prosecuting the appeal.