Shivaraya v. Mallappa
Civil Procedure – Regular Second Appeal under S.100 CPC – dismissal for non-prosecution
Case brief
What is this about?
RSA No.200430 of 2024 (DEC/INJ), High Court of Karnataka, Kalaburagi Bench, decided 22.04.2025 by Anant Ramanath Hegde, J. Second appeal under S.100 CPC by Shivaraya S/o Basawanappa Helikeri (advocate Mahadev S. Patil) against respondent Mallappa S/o Irappa Helikeri, challenging the Senior Civil Judge, Shahapur's judgment/decree in R.A.No.01/2017 (25.07.2017) and seeking confirmation of the Principal Civil Judge and J.M.F.C., Shahapur decree in O.S.No.48/2006 (11.11.2016). Dismissed for non-prosecution: repeated non-appearance of appellant and non-compliance with office objections despite warning dated 09.04.2025. No substantive issues framed; no precedents cited; no costs or quantum recorded. Useful mainly as an example of dismissal for default/non-prosecution in second appeals.
What did the court decide?
The Regular Second Appeal is dismissed for non-prosecution because, despite the earlier warning of 09.04.2025, the appellant again failed to appear and did not comply with office objections.