Dismissed¶¶39

Vijaya Bank a Body Corporate v. Narayan Ganesh Hegde

Karnataka HC5 Feb 2026RSA/100697/2017

Case brief

AI extract

What is this about?

Withdrawal of regular second appeal at admission stage; change of name/substitution of appellant following amalgamation of Vijaya Bank, Yellapur Branch with Bank of Baroda, Yellapur Branch; memo by Branch Manager; refund of court fee ordered; appeal under Section 100 CPC against decrees in O.S. No. 47/2011 (Civil Judge, Yellapur, 17.10.2012) and R.A. No. 21/2012 (Senior Civil Judge, Yellapur, 27.04.2017); respondents Narayan Ganesh Hegde through LRs and Krishnanand Ramachandra Naik; High Court of Karnataka, Dharwad Bench; Hanchate Sanjeevkumar, J.; order dated 05.02.2026.

What did the court decide?

Appeal dismissed as withdrawn in view of the memo; appellant recorded as Bank of Baroda, Yellapur Branch; Registry to refund Court fee to the appellant as per rules. ¶¶39

Vijaya Bank a Body Corporate Vs Narayan Ganesh Hegde — Karnataka HC (2026) — LawSathi Research

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NC: 2026:KHC-D:1672 RSA No. 100697 of 2017

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 5^TH DAY OF FEBRUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REGULAR SECOND APPEAL NO. 100697 OF 2017 (MON-)

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BETWEEN:

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VIJAYA BANK, NOW

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“BANK OF BARODA” YALLAPUR BRANCH, YALLAPUR TALUK, REP. BY ITS BRANCH MANAGER G. SOMESH

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…APPELLANT

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(BY SRI. MALLIKARJUN S. HIREMATH, ADVOCATE)

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AND:

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NARAYAN GANESH HEGDE S/O GANESH HEGDE, SINCE DECEASED BY HIS LRS,

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Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench

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1(A). GANESH NARAYAN HEGDE, S/O LATE NARAYAN GANESH HEGDE, AGE: ABOUT 55 YEARS, OCC: AGRICULTURIST,

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1(B). MAHABALESHWAR NARAYAN HEGDE S/O LATE NARAYAN GANESH HEGDE, AGE: ABOUT 52 YEARS, OCC: AGRICULTURIST

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1(C). DATTATREYA NARAYAN HEGDE S/O LATE NARAYAN GANESH HEGDE, AGE: ABOUT 50 YEARS, OCC: AGRICULTURIST,

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NC: 2026:KHC-D:1672 RSA No. 100697 of 2017

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HC-KAR

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1(D) VISHWESHWAR NARAYAN HEGDE S/O LATE NARAYAN GANESH HEGDE, AGE: ABOUT 48 YEARS, OCC: AGRICULTURIST, ALL ARE RESIDENTS OF AT & PO.: AREBAIL -581337, TALUK: YELLAPUR, DIST: KARWAR (U.K)

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KRISHNANAND RAMACHANDRA NAIK AGE: ABOUT 60 YEARS, OCC: NOT KNOWN, R/O: KALASIGRAM, AREBAIL-581337, TALUK: YELLAPUR, DIST: KARWAR (U.K)

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…RESPONDENTS

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(BY SRI. CHETAN MUNNOLI, LOKESH HEGDE AND SURABHI KULKARNI, ADV. FOR R1 (A TO D) AND R2)

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THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION

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100 OF CODE OF CIVIL PROCEDURE, PRAYING TO, SET ASIDE THE JUDGMENT AND DECREE DATED 27.04.2017 PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE, YELLAPUR IN R.A. NO. 21/2012 AND ALSO THE JUDGMENT AND DECREE DATED 17.10.2012 PASSED BY THE COURT OF THE CIVIL JUDGE YELLAPUR IN O.S. NO. 47/2011 AND CONSEQUENTLY TO ALLOW THE SUIT FILED BY THE APPELLANT.

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY COURT MADE THE FOLLOWING ORDER:

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NC: 2026:KHC-D:1672 RSA No. 100697 of 2017

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HC-KAR

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)

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Learned counsel for the appellant has filed a memo stating that the appellant bank, namely Vijaya Bank, Yellapur Branch, has been amalgamated with ‘Bank of Baroda, Yellapur Branch’ and has therefore, requested a change in the name/nature of the appellant bank.

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