Smt. M K Nagarathna v. Sri.S. Divakara
Case brief
What is this about?
Dismissal of a Regular Second Appeal for non-prosecution (office objections un-complied; no representation at hearing). High Court of Karnataka at Bengaluru, single bench Ravi V Hosmani, decided 06.01.2026. RSA No. 1175 of 2023 filed under SEC.100 OF CPC. against judgment/decree dated 18.01.2023 in RA No.37/2015 (Senior Civil Judge and JMFC, Arakalagud) confirming decree dated 10.10.2015 in OS No.166/2009 (Civil Judge and JMFC, Arkalagud), wherein the trial court had decreed the suit. Appellants: Smt. M K Nagarathna and Sri L Hucchegowda (counsel Sri Ravindra Prasad B., noted [ABSENT]). Respondents: Sri S. Divakara, Sri Raghuveera, Smt. Pushpalatha, Smt. Premamma, Smt. M K Parvathi, Smt. M K Kumari. No substantive issue decided, no cases cited, no quantum; citable only as an instance of dismissal for want of diligent prosecution.
What did the court decide?
The appeal is dismissed for non-prosecution: listed for orders on non-compliance of office objections for the fifth time, with no representation at the hearing and objections left un-complied despite earlier opportunities, the appellant was found not to be diligently pursuing the appeal.