Sri Shanthalingaswamy v. Smt. Shivamma
Case brief
What is this about?
Dismissal of Regular Second Appeal for non-prosecution; enforcement of conditional adjournment order dated 13.10.2025 (argue on next date failing which appeal stands dismissed); Section 100 CPC; High Court of Karnataka, 23.10.2025, Dr. Justice K.Manmadha Rao; appellants Shanthalingaswamy S/o Late Madappa and others (appellants 2 to 5 through GPA holder Shanthalingaswamy; counsel Sri D Gangadhara recorded absent) v. respondent Smt. Shivamma (counsel Sri Ravi Shankar C S); impugned: judgment/decree dated 13.11.2017 in R.A.No.64/2014, Senior Civil Judge, Malavalli, confirming decree dated 25.08.2014 in O.S.No.291/2012, Principal Civil Judge and JMFC, Malavalli; Mandya district; no merits, issues, precedent treatment or quantum involved; citable only on procedure (non-prosecution dismissal / conditional orders), not on substantive property or succession law.
What did the court decide?
On the earlier occasion, by order dated 13.10.2025, this Court had adjourned the matter on the condition that the learned counsel for the appellants argue the matter on the next date of hearing, failing which the appeal would stand dismissed.