Chowdaiah v. Chamegowda
Case brief
What is this about?
Dismissal for non-prosecution of a pending-admission regular second appeal (RSA No. 484/2018, Karnataka HC, decided 13.10.2025 by Justice Anant Ramanath Hegde) arising from concurrent findings in a suit for declaration and possession (O.S. 58/2012, Srirangapatna; R.A. 5040/2016, Mandya). Key points: repeated absence of appellants' counsel (20.08.2025 and hearing date); death of appellant No.1 and abatement of his appeal; Section 100 CPC; no adjudication on merits; no costs/quantum awarded. Useful for practitioners on procedural closure of unprosecuted second appeals and abatement on appellant's death.
What did the court decide?
It appeared to the Court that the appellants were not interested in prosecuting the matter, as there was no representation on their behalf either on 20.08.2025 or on the date of delivery of judgment. ¶39