2025 Supreme(Online)(Kar) 24024

KARNATAKA HIGH COURT
ANU SIVARAMAN, RAJESH RAI K, JJ
SMT. ASHWATHAMMA W/O LAKSHMANA REDDY D/O. LAKSHMAMMA AGED ABOUT 42 YEARS R/AT NO.61, ANJANEYA TEMPLE DODDABANASHWADI POST BENGALURU - 560 043. – Appellant
Versus
SMT RATHNAMMA W/O LATE SEENAPPA D/O LATE GURAPPA REDDY, AGED ABOUT 73 YEARS. – Respondent
REGULAR FIRST APPEAL NO. 1078 OF 2021

Compliance with procedural requirements is essential for proceeding with an appeal; failure can lead to dismissal.

Headnote:(A) Code of Civil Procedure, 1908 - Section 96 - Regular First Appeal - Dismissal of an appeal for non-prosecution is within the powers of the court where procedural compliance is lacking. (Para 2)

(B) The court reiterates that failure to address office objections can result in dismissal as a consequence of procedural adherence issues. (Para 2)

Facts of the case:
The appeal was filed against a trial court's judgment dismissing a suit for declaration due to procedural non-compliance.

Findings of Court:
The court found no requirement for further orders due to non-compliance with prior directives.

Issues: The central issue was the compliance with procedural requirements for hearing an appeal.

Ratio Decidendi: The judgment asserts the importance of adhering to procedural orders and the authority of the court to dismiss cases for non-compliance.

Result: Appeal dismissed.