K.K.Prahlad v. Smt. P. Sheelavathy
Case brief
What is this about?
NC: 2026:KHC:34484. RFA No. 420 of 2020 (DEC/INJ), High Court of Karnataka at Bengaluru, decided 08.07.2026 by Shivashankar Amaranannavar J. Dismissal of first appeal for non-prosecution: appellants (heirs/appellate side of deceased K.K. Prahlad and Smt. Nalini P) failed to pay process fee for notice to respondent Nos. 1 and 2 despite time granted. Filed under Section 96 r/w Order 41 Rule 1 CPC against decree dated 11.12.2019 in O.S.No.5081/2011 (XVII Addl. City Civil and Sessions Judge, Bengaluru) dismissing suit for declaration and permanent injunction. No merits decided, no cases cited, no monetary award; of no precedential value on the substantive claim.
What did the court decide?
Since process fee for issue of notice to respondent Nos. 1 and 2 was not paid despite sufficient time being granted, the appellants appear not interested in prosecuting the appeal; hence the appeal is dismissed for non-prosecution.