Shri.Bhimarao S/O Dongaru Patil vs Shri.Arjun Irappa Kamble
2025 Latest Caselaw 9297 Kant

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