Ningeshappa v. Nagamma
Case brief
What is this about?
Search terms: dismissal of regular second appeal for non-prosecution / appellant not pursuing matter despite court notice; personal service of notice on absent appellant (19.04.2025); advocate's memo for retirement permitted; appeal disposed without merits adjudication. Court: High Court of Karnataka, HC-KAR, Bengaluru; NC: 2026:KHC:28453; decided 10 June 2026 by H.P. Sandesh, J. Case: RSA No.1265 of 2007 (DEC/INJ), Ningeshappa v. Nagamma (Harihar Taluk), under Section 100 CPC challenging judgment/decree dated 17.03.2007 in RA.No.13/2004 (Civil Judge SR.DN. & MACT, Harihar) confirming decree dated 30.01.2004 in OS.No.110/2002 (Civil Judge JR.DN. & JMFC, Harihar). Value: instance of a second appeal being dismissed solely on account of the appellant's failure to prosecute despite valid service; no precedent cited and no proposition of substantive law laid down.
What did the court decide?
Since the appellant did not pursue the matter in spite of issuance of Court notice (which was duly served), the regular second appeal stands dismissed. No question of law or fact arising in the second appeal was adjudicated on merits.