Dismissed¶41

Shri.Kareppa Vithal Hadakar v. Shri.Hanamant Laxman Banaj

Karnataka HC25 Nov 2025RFA/100370/2019

Case brief

AI extract

What is this about?

Karnataka High Court, Dharwad Bench (NC: 2025:KHC-D:16280-DB), RFA No. 100370 of 2019 (SP), decided 25.11.2025, per Justice R.Devdas with Justice B. Muralidhara Pai. Appellants: LRs of deceased Kareppa Vithal Hadakar (counsel Prasad R. Sidhanti); respondent Hanamant Laxman Banaj (counsel Shriharsh A. Neelopant). Appeal against decree in O.S. No.126/2014 (Raibag) dismissed for non-prosecution for want of representation and non-filing of proper delay-explanation affidavits despite directions; costs of Rs.5,000/- to Advocates' Association Library Fund; references to Section 96 CPC and Section 5 Limitation Act.

What did the court decide?

None to the appellants; the appeal was dismissed for non-prosecution. ¶41

Shri.Kareppa Vithal Hadakar Vs Shri.Hanamant Laxman Banaj — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC-D:16280-DB RFA No. 100370 of 2019

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 25^TH DAY OF NOVEMBER, 2025 PRESENT

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THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI

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R.F.A. NO.100370 OF 2019 (SP)

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BETWEEN:

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SHRI KAREPPA VITHAL HADAKAR, SINCE DECEASED BY HIS LRS.

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SHRI GOPAL KAREPPA HADAKAR, AGE: 38 YEARS, OCC: AGRICULTURE, R/O. HARUGERI, TQ: RAIBAG, DIST: BELAGAVI, ALSO RESIDING AT: KANERI, TAL: KOLAHAPUR, MAHARASHTRA-416234.

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Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench.

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SHRI BHIMAPPA KAREPPA HADAKAR, AGE: 34 YEARS, OCC: AGRICULTURE, R/O. HARUGERI, TQ: RAIBAG, DIST: BELAGAVI, ALSO RESIDING AT: KANERI, TAL: KOLAHAPUR, MAHARASHTRA-416234.

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SHRI PUNDALIK KAREPPA HADAKAR, AGE: 28 YEARS, OCC: AGRICULTURE, R/O. HARUGERI, TAL: RAIBAG, DIST: BELAGAVI, ALSO RESIDING AT: KANERI, TAL: KOLHAPUR, MAHARASHTRA-416234.

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SHRI VITHAL KAREPPA HADAKAR, AGE: 25 YEARS, OCC: AGRICULTURE, R/O. HARUGERI, TAL: RAIBAG, DIST: BELAGAVI, ALSO RESIDING AT: KANERI, TAL: KOLHAPUR, MAHARASHTRA-416234.

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NC: 2025:KHC-D:16280-DB RFA No. 100370 of 2019

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HC-KAR

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SHRI MARUTI VITHAL HADAKAR, AGE: 60 YEARS, OCC: AGRICULTURE, R/O. HARUGERI, TAL: RAIBAG, DIST: BELAGAVI, ALSO RESIDING AT: KANERI, TAL: KOLHAPUR, MAHARASHTRA-416234.

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SHRI SHETTEPPA VITHAL HADAKAR, AGE: 48 YEARS, OCC: AGRICULTURE, R/O. HARUGERI, TQ: RAIBAG, DIST: BELAGAVI, ALSO RESIDING AT: KANERI, TAL: KOLHAPUR, MAHARASHTRA-416234.

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…APPELLANTS

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(BY SRI. PRASAD R. SIDHANTI, ADVOCATE)

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AND:

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SHRI HANAMANT LAXMAN BANAJ, AGE: 46 YEARS, OCC: AGRICULTURE, R/O. HARUGERI, TAL: RAIBAG, DIST: BELAGAVI.

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…RESPONDENT

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(BY SRI. SHRIHARSH A. NEELOPANT, ADVOCAE)

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THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CPC., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, RAIBAG, AT: RAIBAG, IN O.S. NO.126/2014 DATED 22.07.2016 AND FURTHER BE PLEASED TO DISMISS THE SUIT OF THE PLAINTIFF IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS AND

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THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI

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NC: 2025:KHC-D:16280-DB RFA No. 100370 of 2019

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HC-KAR

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE R.DEVDAS)

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By the order dated 23.08.2024, the following order was passed :

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“None appears for appellants. It is seen that to explain delay in filing the appeal, the application under Section 5 of the Limitation Act is filed in two sets. The applications is accompanied by two affidavits that are entirely different. This can only indicate lackadaisical approach, and this must visit some consequences. Hence, the appeal is adjourned on costs of Rs.5,000/- payable to the Advocates’ Association Library Fund’.

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It is observed that if the proper affidavits are not filed and cost paid as aforesaid within two weeks, the appeal shall be listed for appropriate orders.”

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