Karnataka High Court
M/S.Kpb Publications vs Shri.Swapnil S/O Babaso Rajmane on 5 August, 2025
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NC: 2025:KHC-D:9766
RFA No. 100519 of 2018
HC-KAR
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 5TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
REGULAR FIRST APPEAL NO. 100519 OF 2018 (DEC/INJ)
BETWEEN:
1. M/S.KPB PUBLICATIONS
A PARTNERSHIP FIRM REGISTERED UNDER
THE INDIAN PARTNERSHIP ACT HAVING
ITS PLACE OF BUSINESS
AT 39, 2ND FLOOR, N.R KHAN BUILDING
ST.ANTHONY STREET, CAMP,
BELAGAVI-590001.
REPRESENTED BY ITS PARTNERS APPELLANT
No.2 AND 3.
2. SHRI PRAKASH S/O KAREPPA MALLAPUR,
AGE:MAJOR, OCC:BUSINESS,
R/O 39, 2ND FLOOR, N.R.KHAN BUILDING,
ST.ANTHONY STREET,
CAMP, BELAGAVI-590001.
3. SMT. SEEMA W/O PRAKASH MALLAPUR,
Digitally
signed by AGE: MAJOR, OCC: BUSINESS,
VINAYAKA
VINAYAKA B V
BV
AND AUTHOR, R/O 39, 2ND FLOOR,
Date:
2025.08.11
16:05:10
N.R.KHAN BUILDING,
+0530
ST.ANTHONY STREET,
CAMP, BELAGAVI-590001.
...APPELLATS
(BY SRI DEEPAK S. KULKARNI, ADVOCATE (ABSENT))
AND:
1. SHRI SWAPNIL S/O BABASO RAJMANE,
AGE: MAJOR, OCC: SERVICE
R/O C/O SAMBHAJI S AMBEWADKAR
SAMBAJI NAGAR, YALLUR ROAD,
VADAGAON, BELAGAVI-590005.
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NC: 2025:KHC-D:9766
RFA No. 100519 of 2018
HC-KAR
2. SHRI SAMBHAJI
S/O SHIVAJI AMBEWADKAR,
AGE: MAJOR, OCC: DIRECTOR
SAMBAJI NAGAR, YALLUR ROAD,
VADAGAON, BELAGAVI-590005.
3. SMT. PREMA
W/O SAMBHAJI AMBEWADKAR,
AGE: MAJOR, OCC: DIRECTOR
SAMBAJI NAGAR, YALLUR ROAD,
VADAGAON, BELAGAVI-590005.
4. SHINE PUBLICATION PVT LTD.,
AN INCORPORATED COMPANY HAS
ITS REGISTERED OFFICE AT
07, PADMA NIVAS, 2ND FLOOR,
RADHA KRISHNA MARG,
2ND CROSS, HINDWADI,
BELAGAVI-590011.
REPRESENTED BY ITS
DIRECTORS RESPONDENT NO.2
AND RESPONDENT NO.3
NOW MOVED AT SAMBAJI NAGAR,
YALLUR ROAD, VADAGAON,
BELAGAVI-590005.
...RESPONDENTS
THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER 41
RULE 1 OF CPC, PRAYING THAT, ON THESE GROUNDS OF
OBJECTIONS AMOUNGST OTHER WHICH WOULD BE URGED AT THE
TIME OF HEARING OF THE JUDGMENT AND DECREE PASSED BY THE
I ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI IN
O.S.NO.3/2012 DATED 23.08.2018 MAY KINDLY BE SET ASIDE IN
THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY, THE
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
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NC: 2025:KHC-D:9766
RFA No. 100519 of 2018
HC-KAR
JUDGMENT
(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI)
Case called twice. None appears for the appellants.
In spite of granting sufficient time, the appellants
have not taken steps for service of notice to respondent
Nos.1 to 4.
Though the matter was listed on 28.07.2025, none
appears for the appellants. Finally, one week time was
granted to take steps, failing which, the appeal shall be
listed for dismissal.
Even today, none appears for the appellants, and the
appellants have not taken steps for service of notice to
respondent Nos.1 to 4. It seems that the appellants are
not interested in prosecuting the appeal.
Accordingly, the appeal is dismissed for not taking
steps.
Sd/-
(ASHOK S. KINAGI)
JUDGE
MBS
CT:GSM
