Can a Regular Second Appeal Be Dismissed for Non-Prosecution When the Appellant Fails to Appear?

High Court Reaffirms the Procedural Principle That Civil Appeals May Be Dismissed for Non-Prosecution; Binding Authority for Similar Applications

 

Summary

Category Data
Case Name RSA No. 892 of 2016 of Grama Panchayath Lakkavalli vs Sri K T Govindaswamy
CNR KAHC010543672016
Decision Date 13-10-2023
Disposal Nature Dismissed for non-prosecution
Judgment Author Justice Ashok S. Kinagi
Court High Court of Karnataka at Bengaluru
Bench Single Judge
Type of Law Civil Procedure
Citations NC: 2023:KHC:37701

Practical Impact

Category Impact
Binding On All Regular Second Appeals before the High Court of Karnataka for non-prosecution

What’s New / What Lawyers Should Note

  • Reinforces that failure of an appellant or counsel to appear, coupled with no demonstration of interest, leads to mandatory dismissal under civil procedure rules.
  • Confirms that filing of a retirement memo by counsel and non-appearance by the party justifies non-prosecution dismissal.

Summary of Legal Reasoning

  1. Counsel for the appellant filed a retirement memo after serving notice on the appellant, and the court permitted withdrawal.
  2. On the scheduled hearing date, no one appeared for the appellant and there was no indication of interest in prosecuting the appeal.
  3. In view of the appellant’s non-appearance and lack of prosecution, the appeal was dismissed, and all pending interim applications were disposed of.

Alert Indicators

  • ✔ Precedent Followed – Affirms established practice of dismissing appeals for non-prosecution.

Citations

  • NC: 2023:KHC:37701

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