Dismissed¶3

Smt. Pushpa Mahadev Kinagi v. Shri. Ashok Nagappa Sulebhavi

Karnataka HC3 Dec 2025RFA/100407/2022

Case brief

AI extract

What is this about?

Karnataka High Court, Dharwad Bench; NC: 2025:KHC-D:17103-DB; RFA No. 100407 of 2022 (PAR/POS); dismissal for non-prosecution / default dismissal; appellants and counsel absent despite last opportunity dated 26.11.2025; appeal against ex parte-free decree for partition and separate possession in O.S.No.230/2016, II Addl. Senior Civil Judge and CJM Belagavi, dated 08.04.2022; S.96 read with Order 41 Rule 1 CPC 1908; Pushpa Mahadev Kinagi and Naveen Mahadev Kinagi v. Ashok Nagappa Sulebhavi; no merits adjudicated; no precedent discussed.

What did the court decide?

When the matter was called out on 03.12.2025, there was no representation for the appellants. ¶2

Smt. Pushpa Mahadev Kinagi Vs Shri. Ashok Nagappa Sulebhavi — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC-D:17103-DB RFA No. 100407 of 2022

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3^RD DAY OF DECEMBER 2025

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PRESENT

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THE HON'BLE MR. JUSTICE R.DEVDAS AND

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THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI REGULAR FIRST APPEAL NO. 100407 OF 2022 (PAR/POS)

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BETWEEN:

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SMT. PUSHPA MAHADEV KINAGI AGE: 62 YEARS, OCC: HOUSEWIFE, R/O. PLOT NO.3A, CTS NO.2508, TEACHERS COLONY, VIDYA NAGAR, KANGRALI K.H., BELAGAVI-591108.

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SHRI. NAVEEN MAHADEV KINAGI AGE: 33 YEARS, OCC: PRIVATE SERVICE, R/O. PLOT NO.3A, CTS NO.2508, TEACHERS COLONY, VIDYA NAGAR, KANGRALI K.H., BELAGAVI-591108.

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…APPELLANTS

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(BY SRI. I.M.KOTWAL AND SMT. PRIYANKA H.PAWAR, ADVOCATES (ABSENT))

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AND:

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MOHANKUMAR B SHELAR

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Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.04 10:04:52 +0530

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SHRI. ASHOK NAGAPPA SULEBHAVI AGE: 62 YEARS, OCC: GOVT. SERVICE, R/O. H. NO.4121, NEAR AJIT LODGING, GAVALI GALLI, BELAGAVI-591001.

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…RESPONDENT

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(BY SRI. DEEPAK S.KULKARNI, ADVOCATE)

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THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 OF CPC., 1908, AGAINST THE JUDGMENT AND DECREE DATED 08.04.2022 PASSED IN O.S.NO.230/2016 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE BELAGAVI, DECREEING THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION.

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

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NC: 2025:KHC-D:17103-DB RFA No. 100407 of 2022

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HC-KAR

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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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ORAL ORDER

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

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On 26.11.2025, the following order was passed.

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“On the previous occasion, we have adjourned the matter while making it clear that the matter would be heard and disposed of finally. However, there is no representation for the appellant today.

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As a last opportunity, list this matter on 03.12.2025. It is made clear that if there is no representation for the appellant on the next date of hearing, the appeal shall stand dismissed.”

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