Karnataka High Court
Shri.Bhimarao S/O Dongaru Patil vs Shri.Arjun Irappa Kamble on 17 October, 2025
-1-
NC: 2025:KHC-D:14108
RSA No. 100092 of 2019
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 17TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE C M JOSHI
REGULAR SECOND APPEAL NO. 100092 OF 2019
BETWEEN:
1. SHRI BHIMARAO S/O DONGARU PATIL,
AGE: 63 YEARS, OCC. AGRICULOTURE,
R/O. KALLEHOL, TQ. AND DIST. BELAGAVI -591104.
2. SHRI LAXMAN S/O DONGARU PATIL,
AGE: 57 YEARS, OCC. AGRICULTURE,
R/O. KALLEHOL, TQ. AND DIST. BELAGAVI-591104.
...APPELLANTS
(BY SRI. SANTOSH B. RAWOOT, ADVOCATE)
AND:
1. SHRI ARJUN IRAPPA KAMBLE
AGE: MAJOR, OCC. AGRICULTURE,
R/O. KALLEHOL, TQ. AND DIST. BELAGAVI-591104.
2. SHRI ANIL KALLAPPA KAMBLE,
AGE: MAJOR, OCC. AGRICULTURE,
R/O. KALLEHOL, TQ. AND DIST. BELAGAVI-591104.
YASHAVANT
NARAYANKAR 3. SHRI YALLAPPA RAJARAM DEVARMANI
Digitally signed by
AGE: MAJOR, OCC. AGRICULTURE,
YASHAVANT
NARAYANKAR
R/O. KALLEHOL, TQ. AND DIST. BELAGAVI-591104.
Date: 2025.10.18
10:51:27 +0530
AND ALSO RESIDING AT TANAJI GALLI,
MAJGAON, BELAGAVI.
4. SHRI VIJAY DEKHALU MARUCHE
AGE: MAJOR, OCC. AGRICULTURE,
R/O. KALLEHOL, TQ. AND DIST. BELAGAVI-591104.
SHRI PRAKASH DEKHALU MRAUCHE,
SINCE DECEASED BY HIS LRS.,
5. SMT. SUNITA W/O PRAKASH MARUCHE
AGE: 35 YEARS, OCC. HOUSEHOLD,
R/O. KALLEHOL, TQ. AND DIST. BELAGAVI-591104.
-2-
NC: 2025:KHC-D:14108
RSA No. 100092 of 2019
HC-KAR
6. KUMAR PRASHANT S/O. PRAKASH MARUCHE
AGE: 18 YEARS, OCC. STUDENT,
R/O. KALLEHOL, TQ. AND DIST.BELAGAVI-591104.
7. KUMAR PRATIK S/O. PRAKASH MARUCHE,
AGE: 16 YEARS, OCC. STUDENT,
R/O. KALLEHOL, TQ. AND DIST. BELAGAVI-591104..
SINCE MINOR R/BY HIS NEXT FRIND RESP.NO.5A.
SHRI SHATTUPPA LAXMAN BENAKE
SINCE DECEASED BY HIS LRS.,
8. SHRI MALLAPPA S/O. SHATTUPPA BENAKE,
AGE: MAJOR, OCC. CATERING WORK,
R/O. KALLEHOL, TQ. AND DIST.BELAGAVI-591104.
9. SHRI JYOTIBA S/O. SHATTUPPA BENAKE,
AGE: MAJOR, OCC. CATERING WORK,
R/O. KALLEHOL, TQ. AND DIST. BELAGAVI-591104.
10. SHRI PRAKASH S/O. SHATTUPPA BENAKE,
AGE: MAJOR, OCC. CATERING WORK,
R/O.. KALLEHOL, TQ. AND DIST.BELAGAVI-591104.
11. KALPANA S/O. SHATTUPPA BENAKE,
AGE: MAJOR, OCC. HOUSEHOLD WORK,
R/O. KALLEHOL, TQ. AND DIST.BELAGAVI-591104.
12. SMT KRISHNABAI W/O. SHATTUPPA BENAKE,
AGE: MAJOR, OCC. CATERING WORK,
R/O. KALLEHOL, TQ. AND DIST.BELAGAVI-591104..
...RESPONDENTS
(BY SRI. SANJAY S. KATAGERI, ADVOCATE FOR R1 TO R12;
R6 AND R7 ARE MINORS, REP. BY M/G R5)
THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE
JUDGEMENT & DECREE DTD: 28.11.2018 PASSED IN R.A.NO.152/2017
ON THE FILE OF THE IV ADDITIONAL SENIOR CIVIL JUDGE AND
JUDICIAL MAGISTRATE FIRST CLASS, BELAGAVI, DISMISSING THE
APPEAL AND CONFIRMING THE JUDGMENT AND DECREE
DTD:04.08.2017, PASSED IN O.S. NO.467/2012 ON THE FILE OF THE
II ADDITIONAL CIVIL JUDGE, BELAGAVI, DISMISSING THE SUIT FILED
FOR PERMANENT INJUNCTION.
-3-
NC: 2025:KHC-D:14108
RSA No. 100092 of 2019
HC-KAR
THIS APPEAL, COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE C M JOSHI) Though the matter was adjourned on three occasions at the request made by the learned counsel for the appellants, the learned counsel for the appellants again seeks for an adjournment. His prayer for adjournment is rejected and the appeal stands dismissed for non-prosecution.
SD/-
(C M JOSHI) JUDGE YAN CT:PA LIST NO.: 1 SL NO.: 24