Dismissed¶37

Gosibatla Vijay Prakash v. Merchethal Sriranga and Ors.

Karnataka HC16 Apr 2025RSA/200407/2018

Case brief

AI extract

What is this about?

Karnataka HC Kalaburagi Bench; RSA No. 200407 of 2018 (Par); S. 100 CPC; Gosibatla Vijay Prakash v. Merchethal Sriranga & ors.; appeal dismissed for non-prosecution on 16.04.2025 (Justice Anant Ramanath Hegde) for want of representation; underlying decisions: O.S.No.75/1999 (decree 26.10.2007, Principal Civil Judge (Sr.Dn.) Raichur) and R.A.No.61/2013 (decree 20.11.2018, I Addl. District Judge Raichur); no merits decided, no holdings on substance; value limited to procedural outcome.

What did the court decide?

As there was no representation on behalf of the appellant, the regular second appeal was dismissed for non-prosecution; no substantive issue arising in the appeal was considered or decided on merits. ¶37

Gosibatla Vijay Prakash Vs Merchethal Sriranga and Ors. — Karnataka HC (2025) — LawSathi Research

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1 - NC: 2025:KHC-K:2323 RSA No. 200407 of 2018

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IN THE HIGH COURT OF KARNATAKA,

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KALABURAGI BENCH

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DATED THIS THE 16^TH DAY OF APRIL, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

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REGULAR SECOND APPEAL NO. 200407 OF 2018 (PAR)

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BETWEEN:

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GOSIBATLA VIJAY PRAKASH S/O G. NARSA REDDY, AGE: 33 YEARS, OCC: BUSINESS OF COMMISSIONER AGENCY AND AGRICULTURE, R/O: H.NO.10-4-60, MAKTALPET, TQ. AND DIST: RAICHUR – 584 101.

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…APPELLANT

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(SRI GOSIBATLA VIJAY PRAKASH- APPELLANT (ABSENT)

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Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA

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AND:

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MERCHETHAL SRIRANGA S/O PRABHURAYA, AGE: 45 YEARS, OCC: ADVOCATE, R/O: H.NO.12-2-233, PLOT NO.4, RAJENDRA GUNJ, TQ. AND DIST: RAICHUR – 584 101.

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MERCHETHAL ANUSUYAMMA S/O PRABHURAYA, AGE: 69 YEARS, OCC: HOUSEHOLD, R/O: H.NO.12-2-233, PLOT NO.4,

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2 - NC: 2025:KHC-K:2323 RSA No. 200407 of 2018

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RAJENDRA GUNJ,

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TQ. AND DIST: RAICHUR – 584 101.

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SMT. M. PREMA W/O LATE MERCHETHAL SIDRAMAPPA, AGE: 61 YEARS, OCC: HOUSEHOLD, R/O: H.NO.4-9-33, MANGALWARPET, RAICHUR, NOW NO.744, BHAGYANAGAR, 1^ST CROSS, TILAK ROAD, ANNALGALLA, BELGAUM CITY, TQ. AND DIST: BELGAUM – 587 101.

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MERCHETHAL BASAVARAJ S/O LATE ADENNA, AGE: 67 YEARS, OCC: AGRICULTURE, R/O: MANGALWARPET, BUKKET SHANTHAMMA ONI, TQ. AND DIST: RAICHUR – 584 101.

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MERCHETHAL KALIDAS S/O LATE ADENNA AGE: 63 YEARS, OCC: ESTATE BUSINESS, R/O: BUKKET SHANTHAMMA ONI, MANGALWARPET, TQ. AND DIST: RAICHUR – 584 101.

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GOSIBATLA NARSA REDDY S/O LATE YANKAPPA, AGE: 55 YEARS, OCC: PROP. M/S PADMASREE & CO, SHOP NO.29, RAJENDRA GUNJ, PLOT NO. 4, RAICHUR, R/O: H.NO. 10-4-63, MAKTALPET, TQ. AND DIST: RAICHUR – 584 101.

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SMT. GOSIBATLA VASANTH W/O G. NARSA REDDY, AGE: 51 YEARS,

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3 - NC: 2025:KHC-K:2323 RSA No. 200407 of 2018

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OCC: HOUSEHOLD & BUSINESS, R/O: H.NO.10-4-63, MAKTALPET, TQ. AND DIST: RAICHUR – 584 101.

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…RESPONDENTS

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(R1, R2, R4, R5 ARE SERVED)

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THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE, PRAYING TO ALLOW THE APPEAL BY SETTING ASIDE THE JUDGMENT AND DECREE DATED 20.11.2018 PASSED IN R.A.NO.61/2013 BY THE I ADDITIONAL DIDSTRICT JUDGE RAICHUR AND VIDE JUDGMENT AND DECREE DATED 26.10.2007 PASSED IN O.S.NO.75/1999 BY THE PRINCIPAL CIVIL JUDGE (SR.DN), RAICHUR AND CONSEQUENTLY REMAND THE MATTER TO THE TRIAL COURT WITH DIRECTION TO PROVIDE OPPORTUNITY TO THE APPELLANT TO PERMIT HIM TO FILE WRITTEN STATEMENT AND TO ALLOW HIM TO PARTICIPATE IN THE TRIAL, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS REGULAR SECOND APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

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NC: 2025:KHC-K:2323 RSA No. 200407 of 2018

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE)

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