Manohar vs Hanamntraya
2025 Latest Caselaw 1127 Kant

Karnataka High Court

Manohar vs Hanamntraya on 16 July, 2025

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

                                              -1-
                                                         NC: 2025:KHC-K:3944
                                                     RSA No. 200474 of 2024


                   HC-KAR




                               IN THE HIGH COURT OF KARNATAKA,

                                      KALABURAGI BENCH

                             DATED THIS THE 16TH DAY OF JULY, 2025

                                            BEFORE

                            THE HON'BLE MR. JUSTICE RAVI V HOSMANI

                     REGULAR SECOND APPEAL NO. 200474 OF 2024 (SP)

                   BETWEEN:

                      MANOHAR S/O UMALU CHAVAN,
                      AGE: 47 YEARS, OCC: AGRICULTURE,
                      R/O: KARABHANTNAL,
                      TALUKA B. BAGEWADI,
                      DISTRICT VIJAYAPURA - 586 101.
                                                                ...APPELLANT

                   (BY SRI. MANJUNATH GINNI, ADVOCATE (ABSENT)

                   AND:

                      HANAMNTRAYA S/O BASAVANTRAYA BIRADAR,
                      AGE: 59 YEARS, OCC: AGRICULTURE,
Digitally signed
by NIJAMUDDIN         R/O: KARBHANTANAL,
JAMKHANDI             TALUKA B. BAGEWADI,
Location: HIGH        DIST: VIJAYAPURA - 586 101.
COURT OF
KARNATAKA                                               ...RESPONDENT

                        THIS RSA IS FILED UNDER SECTION 100 READ WITH
                   ORDER 42 OF CODE OF CIVIL PROCEDURE, TO SET ASIDE THE
                   JUDGMENT AND DECREE DATED 16.03.2023 PASSED BY THE
                   IV ADDITIONAL DISTRICT JUDGE AT VIJAYAPURA IN
                   R.A.NO.179/2019 CONFIRMING THE JUDGMENT AND DECREE
                   DATED 04.09.2019 PASSED BY THE ADDITIONAL SENIOR CIVIL
                   JUDGE AT BASAVANA BAGEWADI IN O.S.NO.61/2015, AND
                   THEREBY ALLOW THE APPEAL AND DISMISS THE SUIT, IN THE
                   INTEREST OF JUSTICE.
                                -2-
                                          NC: 2025:KHC-K:3944
                                      RSA No. 200474 of 2024


HC-KAR




    THIS RSA, COMING ON FOR ORDERS,                THIS   DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:    HON'BLE MR. JUSTICE RAVI V HOSMANI


                        ORAL JUDGMENT

Matter was listed for non-compliance of office objections

for sixth time. There is no compliance despite sufficient

opportunity and same would indicate that appellant is not

diligent in pursuing appeal.

Hence, appeal is dismissed for non-prosecution with

further cost of Rs.5,000/- payable to Advocate's Association

Library Fund, High Court of Karnataka, Kalaburagi Bench,

Kalaburagi.

Sd/-

(RAVI V HOSMANI) JUDGE

NJ