- 1 - HC-KAR NC: 2025:KHC-D:16375 RSA No. 5259 of 2009 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 25TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REGULAR SECOND APPEAL NO.5259 OF 2009 (MON) BETWEEN: 1. SRI. VITTAL S/O. GURAPPA VIJAPUR, AGE: 56 YEARS, OCC. BUSINESS, R/O. BAGALKOTE, NOW AT RAMDURG, DIST. BELAGAVI-591123. 2. SRI. SURESH S/O. GURAPPA VIJAPUR, AGE: 54 YEARS, OCC. BUSINESS, R/O. BAGALKOTE, NOW AT RAMDURG-591123. BOTH APPELLANTS ARE REPRESENTED BY THEIR P.S. HOLDER SRI. MUTTU S/O. VASAPPA KOUTAL, AGE: 28 YEARS, OCC. BUSINESS, R/O. RAMDURG, DIST. BELAGAVI-591123. …APPELLANTS (BY SRI. B.V. SOMAPUR, ADVOCATE) AND: SRI. ISHWAR S/O. MEGUNDAPPA TOTAGER, AGE: 40 YEARS, OCC. AGRICULTURE, R/O. TURANUR, TQ. RAMDURG, DIST. BELAGAVI-591123. …RESPONDENT (BY SMT. KAVITA JADHAV, ADVOCATE FOR SRI. SHRIHARSH A. NEELOPANT, ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO CALL FOR THE RECORDS AND SET ASIDE THE JUDGEMENT & DECREE PASSED BY THE LEARNED CIVIL JUDGE (SR.DN.) RAMDURG IN R.A.NO.26/2008 DATED 03.3.2009 AND CONFIRM THE JUDGMENT AND DECREE PASSED BY LEARNED CIVIL JUDGE (JR.DN.) RAMDURG, IN O.S. NO.84/2007 DATED 15.10.2008 AND TO COST OF THE ENTIRE PROCEEDING MAY PLEASE BE GRANTED TO THE APPELLANTS AND ETC. YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.11.27 10:51:47 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16375 RSA No. 5259 of 2009 THIS APPEAL, COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C M JOSHI ) None appeared for the appellant. 2. It is submitted that the subject matter of the suit was recovery of ₹21,125/- and interest thereon. The said suit was decreed by the Trial Court and was reversed by the First Appellate Court resulting in dismissal of the suit. The learned counsel appearing for the respondent points out that in view of Section 102 of the Code of Civil Procedure, 1908, the present appeal is not maintainable. The provisions of Section 102 of the CPC reads as below: “102. No second appeal in certain cases.—No second appeal shall lie from any decree, when the subject matter of the original suit is for recovery of money not exceeding twenty-five thousand rupees.” 3. It is also submitted by the learned counsel for the respondent that in view of Section 84 of the Karnataka Agricultural Produce Marketing (Regulation And Development) - 3 - HC-KAR NC: 2025:KHC-D:16375 RSA No. 5259 of 2009 Act, 1966, the suit is not maintainable unless the previous sanction from the Marketing Committee is obtained. Therefore, on both the counts, the appeal is not maintainable. Accordingly, the appeal is dismissed. 4. In view of disposal of the appeal, pending interlocutory applications, if any, do not survive for consideration and are disposed of. SD/- (C M JOSHI) JUDGE YAN CT:PA LIST NO.: 1 SL NO.: 41