Madiwalappa v. Smt Leelawati
Case brief
What is this about?
Dismissal for non-prosecution; RSA No. 837 of 2007 (DEC-); S.100 CPC; second appeal against first-appeal reversal of trial decree; R.A.No.181/2002, III Addl. Civil Judge (Sr.Dn.) & CJM, Dharwad, dated 24.11.2006; O.S.No.77/1999, Civil Judge (Jr.Dn.) & JMFC, Kalaghatgi, dated 16.8.2002; restoration of trial court judgment and decree sought with costs throughout; appellants Madiwalappa, Chenabasappa, Shivalingappa, Karabasappa s/o Adiveppa Hembali v. respondent Leelawati w/o Mahadevappa Babaji; counsel S.B. Mattur (appellants), J.S. Shetty and Associates (respondent); E.S. Indiresh, J.; decided 03.02.2025; NC: 2025:KHC-D:2085; no merits decided, no cases cited.
What did the court decide?
The appeal stands dismissed for non-prosecution: the appellants made no representation when the matter was called in the morning session, nor when it was called a second time. No issue on merits was adjudicated.