Case Note & Summary
The appellant, Domegunta Venkatasesha Reddy, filed a Regular First Appeal under the Partition Act before the High Court of Karnataka at Bengaluru against multiple respondents. The appeal was listed for hearing on 25th January 2019. On that date, the appellant was absent, and no representation was made on his behalf. The court noted that the matter had been adjourned on previous occasions to give the appellant an opportunity to argue, but he failed to appear. Consequently, the court dismissed the appeal for non-prosecution. No legal issues were argued or decided on merits.
Headnote
A) Civil Procedure - Appeal - Dismissal for Non-Prosecution - The appellant failed to appear on multiple dates despite adjournments, leading to dismissal of the appeal for non-prosecution. (Para 1)
Issue of Consideration
Whether the appeal should be dismissed for non-prosecution due to the appellant's failure to appear.
Final Decision
The appeal is dismissed for non-prosecution.
Law Points
- Partition Act
- 1893
- Section 4
- Non-prosecution
- Dismissal for default
