Bastyanv Mingel Rebello vs Vaman Narashimha Prabhu
2025 Latest Caselaw 10496 Kant

Karnataka High Court

Bastyanv Mingel Rebello vs Vaman Narashimha Prabhu on 20 November, 2025

                                                     -1-
                                                                 NC: 2025:KHC-D:15981
                                                                 RSA No. 5669 of 2011


                         HC-KAR




                        IN THE HIGH COURT OF KARNATAKA,AT DHARWAD

                         DATED THIS THE 20TH DAY OF NOVEMBER, 2025

                                              BEFORE

                               THE HON'BLE MR. JUSTICE C M JOSHI

                        REGULAR SECOND APPEAL NO.5669 OF 2011 (INJ)

                        BETWEEN:

                        BASTYANV MINGEL REBELLO,
                        AGE: 67 YEARS,
                        OCC. AGRICULTURIST AND BUSINESS,
                        R/AT. KASARKOD, TQ. HONAVAR-581334.
                                                                            ...APPELLANT
                        (BY SRI. VIJAY M. MALALI, ADVOCATE AND
                            SRI. JEEVAN NEERALAGI, ADVOCATE)

                        AND.

                             VAMAN NARASHIMHA PRABHU
                             SINCE DECEASED BY HIS L.RS.

                        1.   SMT. VIJAYLAXMI W/O. VAMAN PRABHU,
                             AGE: 70 YEARS, OCC. HOUSEHOLD WORK,
           Digitally
                             R/O. TOPPAL, KASARKOD,
           signed by

YASHAVANT
           YASHAVANT
           NARAYANKAR
                             TQ. HONAVAR-581334.
NARAYANKAR Date:
           2025.11.22
           10:15:44
           +0530        2.   SMT. KALPANA W/O. VENKATESH PHAL,
                             AGED ABOUT 50 YEARS,
                             OCC. HOUSEHOLD WORK,
                             R/O. TOPPAL, KASARKOD,
                             TQ. HONAVAR-581334.

                        3.   SMT. ANITA W/O. ANIL DESHPANDE,
                             AGED ABOUT 48 YEARS,
                             OCC. HOUSEHOLD WORK,
                             R/O. TOPPAL, KASARKOD,
                             TQ. HONAVAR-581334.
                                 -2-
                                             NC: 2025:KHC-D:15981
                                            RSA No. 5669 of 2011


HC-KAR



4.   SMT. VINAYA KOM VITHAL PAI,
     AGED ABOUT 46 YEARS,
     OCC. HOUSEHOLD WORK,
     R/O. KASARKOD PAIKI, POST OFFICE,
     TQ. HONAVAR-581334.

5.   SRINIVAS S/O. VAMAN PRABHU,
     AGE: 43 YEARS, OCC. BUSINESS,
     R/O. VIJAYLAXMI COMPOUND,
     KASARKOD, TQ. HONAVAR-581334.

6.   VINAYA S/O. VAMAN PRABHU,
     AGE: 41 YEARS, OCC. BUSINESS,
     R/O. NEAR TAUFIQUE ICE FACTORY,
     KASARKOD, TQ. HONAVAR-581334.

7.   SMT. MAHAMAYI W/O. YOGESH SHANBHAG,
     OCC. HOUSEHOLD,
     R/O. NEAR TAUFIQUE ICE FACTORY,
     KASARKOD, TQ. HONAVAR-581334.
                                                    ...RESPONDENTS
(BY SRI. SHIVARAJ S. BALLOLI, ADVOCATE FOR R1;
   (R1 IS GPA HOLDER TO R2 TO R7)

      THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO
CALL FOR THE RECORDS IN O.S.NO.87/1976 ON THE FILE OF PRL.
MUNSIFF HONNAVAR AND THE RECORDS IN R.A.NO.12/2001 ON THE
FILE OF SENIOR CIVIL JUDGE HONNAVAR AND BE PLEASED TO SET
ASIDE THE JUDGMENT AND DECREE UNDER APPEAL ON THE FILE OF
SENIOR    CIVIL   JUDGE    HONNAVAR         DATED   13.04.2011     IN
R.A.NO.12/2001 BY ALLOWING THIS APPEAL AND THE SUIT AT
O.S.NO.87/1976 ON THE FILE OF PRL. MUNSIFF HONNAVAR BE
DISMISSED WITH COST THROUGH OUT IN THE INTEREST OF JUSTICE.


      THIS   APPEAL,   COMING    ON   FOR    DISMISSAL   THIS    DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
                                 -3-
                                           NC: 2025:KHC-D:15981
                                          RSA No. 5669 of 2011


 HC-KAR




                         ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE C M JOSHI)

This Court notices that there is no representation for the

appellant for considerable long time and on 28.10.2025 the

learned counsel for the respondents submitted that some

negotiations are going on between the parties. On the last date

of hearing i.e., on 13.11.2025 as well as today, none appear for

both the sides. It seems that the parties are not interested in

prosecuting the matter. Therefore, the appeal stands dismissed

for non-prosecution.

SD/-

(C M JOSHI) JUDGE

YAN CT:PA