The High Court of Karnataka dismissed a Regular First Appeal for non-prosecution after the appellant failed to appear on multiple hearing dates despite being given a last chance. The appeal arose from a trial court judgment dismissing a suit for declaration and possession.
Appeal dismissed for non-prosecution.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HC-KAR
NC: 2026:KHC:51339 RFA No. 603 of 2018
CNR: KAHC010044352018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD REGULAR FIRST APPEAL NO. 603 OF 2018 (DEC/INJ)
BETWEEN:
SMT. M. R. DHANALAKSHMI W/O M N RAM MOHAN AGED ABOUT 62 YEARS R/AT NO.40-1(5) BRINDAVAN LAYOUT SUBRAMANYAPURA MAIN ROAD, BANGALORE-61.
…APPELLANT
(BY SRI. ARUN BHAT .,ADVOCATE)
AND:
…RESPONDENTS
(BY SRI. MANIVANNAN G., ADVOCATE FOR R1: APPEAL STANDS DISMISSED AGAINST R2: V/O DATED: 27.07.2023)
Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA on 2109-2026
HC-KAR
NC: 2026:KHC:51339 RFA No. 603 of 2018
CNR: KAHC010044352018
THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED: 08.12.2017 PASSED IN OS.NO.4643/2010 ON THE FILE OF THE XXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING THE SUIT FOR DECLARATION, POSSESSION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
ORAL JUDGMENT
This Court on 23.06.2025, has passed the following order:
“S.Nagaraj, Proxy counsel on behalf of Sri.Arun Bhat, for the appellant has appeared in person.
Counsel for the appellant is directed to appraise the Court about the present status of the appellant and the respondents as of today.
List this matter after two weeks.”
Thereafter, the matter was posted on 11.09.2026.
On the said date, none appeared for the appellant and as a
last chance, the matter was posted on 18.09.2026.
Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA on 2109-2026
HC-KAR
NC: 2026:KHC:51339 RFA No. 603 of 2018
CNR: KAHC010044352018
Even today, when the matter was called out, none
appeared. It appears that the appellant is not interested in prosecuting the appeal. Hence, the appeal is dismissed
for non-prosecution.
Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA on 2109-2026
(H.T. NARENDRA PRASAD)
JUDGE
LIST NO.: 1 SL NO.: 15
DM
1 issue framed by the court
Whether the appeal should be dismissed for non-prosecution when the appellant fails to appear despite multiple opportunities.
1 provisions across 1 enactments
Smt. M. R. Dhanalakshmi W/o M N Ram Mohan
Sri. Joseph Peter S/o Late Mr Harry Joseph
Mr V Shekar S/o Veeraswamy
H.T. Narendra Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
