Smt Beebijan v. Sri Khaleemulla @ Babu
Case brief
What is this about?
Dismissal of Regular Second Appeal for non-prosecution / non-appearance of appellants' counsel; Karnataka High Court, Bengaluru; Davangere matters; RSA under Section 100 CPC; challenge to R.A.No.53/2007 (decree dated 01.12.2009) and O.S.No.28/2004 (decree dated 16.08.2007); abatement against deceased appellant No.1 (v/o 12.07.2023); listing under caption 'dismissal'; NC: 2026:KHC:14997. No merits adjudicated, no ratio laid down — of minimal citational value.
What did the court decide?
The Regular Second Appeal, pending since 2010 and listed without any appearance for the appellants on 06.03.2026 (when it was directed to be listed under the caption 'dismissal') and again on 12.03.2026, was dismissed for non-prosecution, the Court observing that the appellants appeared not interested in prosecuting the appeal. No question on the merits of the suit or the first appeal was decided.