Dismissed¶42

Sri.Shridhar Bangera v. Mr.S.Ganesh Nayak

Karnataka HC1 Jul 2026RSA/2130/2021

Case brief

AI extract

What is this about?

Procedural disposal: Regular Second Appeal dismissed for non-prosecution because the appellants declined to pay costs; appellant No.1's appeal had previously been dismissed as abated (order dated 14.08.2025). Underlying litigation: OS No.4/2013 before the V Addl. Civil Judge and JMFC, Mangaluru (decree dated 02.03.2020), upheld in first appeal RA.No.139/2020 before the II Addl. Senior Civil Judge and CJM, Mangaluru (judgment dated 30.03.2021). Filed under Section 100 CPC. Of value mainly to establish finality of the 2020/2021 decrees as between these Mangaluru parties; carries no precedential content.

What did the court decide?

As the appellants were not willing to pay the cost, the regular second appeal stands dismissed for non-prosecution. ¶42

Sri.Shridhar Bangera Vs Mr.S.Ganesh Nayak — Karnataka HC (2026) — LawSathi Research

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1 - NC: 2026:KHC:32842 RSA No. 2130 of 2021

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF JULY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 2130 OF 2021 (DEC/INJ)

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BETWEEN:

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SRI.SHRIDHAR BANGERA S/O LATE KORAGA SAPALYA, AGED ABOUT 64 YEARS,

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VASUDEV NAYAK S/O LATE KRISHNA NAYAK, AGED ABOUT 60 YEARS,

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MRS SABITHA W/O VASUDEV NAYAK, AGED ABOUT 56 YEARS,

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APPELLANTS NO.2 AND 3 ARE

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Digitally signed by SHARADAVANI B

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Location: High Court of Karnataka

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R/AT D NO 22-8-1163,

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BHAVANI COMPUND, TAILORY ROAD, MULIHITHLU - 575 001

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MR MOHAN KUNDER

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S/O LATE KUNHANNA KOTTARY, AGED ABOUT 65 YEARS,

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MRS LEELAVATHI W/O MR MOHAN KUNDER, AGED ABOUT 65 YEARS,

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2 - NC: 2026:KHC:32842 RSA No. 2130 of 2021

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HC-KAR

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R/AT D NO 22-8-1162, BHAVANI COMPUND, TAILORY ROAD, MULIHITHLU - 575 001

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…APPELLANTS

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(BY SRI. K. RAVISHANKAR, ADVOCATE VIDE ORDER DATED 14.08.2025, APPEAL FILED BY A1 IS DISMISSED AS ABATED)

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AND:

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MR.S.GANESH NAYAK S/O LATE SUBRAYA NAYAK, AGED ABOUT 52 YEARS, R/AT BHOJA RAO LANE, DONGERKERY, MANGALURU D K DISTRICT - 575 003

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MR K GOKULANANDA BHAKTHA S/O LATE DEVA RAO PATEL, AGED ABOUT 53 YEARS, R/AT GOKAL NIVAS, BHAGAVATHI NAGAR, KODIBAIL, MANGALURU D K DISTRICT

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MR LAXMISHA YADIYAL B S/O LATE DEVA RAO PATEL, AGED AOUT 76 YEARS,

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DR B MURALIDHARA YADIYAL S/O MR LAXMISHA YADIYAL B, AGED ABOUT 48 YEARS,

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RESPONDENTS NO.3 AND 4 ARE R/AT CHETHANA, D NO 1-17-146/4,

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NC: 2026:KHC:32842 RSA No. 2130 of 2021

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HC-KAR

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URWA CHILIMBI, MANGALURU - 575 006

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…RESPONDENTS

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(BY SRI. GIREESHA KODGI, ADVOCATE FOR R1 AND R2 (AB))

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THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 30.03.2021 PASSED IN RA.No.139/2020 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MANGALURU D.K, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 02.03.2020 PASSED IN OS No.4/2013 ON THE FILE OF THE V ADDITIONAL CIVIL JUDGE AND JMFC, MANGALURU.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

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ORAL JUDGMENT

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Learned counsel for the appellants would submit that the

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appellants are not willing to pay the cost.

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Placing his submission on record, the appeal stands

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dismissed for non-prosecution.