- 1 - HC-KAR NC: 2025:KHC-D:7256 RSA No. 100048 of 2016 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2ND DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL REGULAR SECOND APPEAL NO.100048 OF 2016 (SP) BETWEEN: SHAKTINIVAS BUILDERS PRIVATE LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956, HAVING ITS OFFICE AT-394, SHUKRAWAR PETH, TILAKWADI, BELAGAVI – 590 006, REPRESENTED BY ITS MANAGING DIRECTOR, SHRI RAMNATH SANTU ANAGOLKAR, AGE:71 YEARS, OCC:BUSINESS, R/O:SHUKRAWAR PETH, TILAKWADI, BELAGAVI – 590 006. …APPELLANT (SERVICE OF COURT NOTICE TO APPELLANT IS HELD SUFFICIENT) AND: 1. SHRI. RAMCHANDRA S/O. HANAMANT KAMU, AGE: 68 YEARS, OCC: PENSIONER, R/O:PLOT NO.13 IN RS NO.10/3, VINAYAK NAGAR, VENGURLA ROAD, BELAGAVI – 591 108. 2. SHRI. LAXMAN S/O. HANAMANT KAMU, AGE:66 YEARS, OCC:CONTRACTOR, R/O:TANAJI GALLI, ANGOL, BELAGAVI – 590 006. 3. SMT. MALATI W/O. LATE NAGESH KAMU, AGE: 55 YEARS, OCC: HOUSEHOLD WORK, R/O:IIIRD CROSS, NEAR AMBIKA TILES, BHAGYA NAGAR, BELAGAVI – 590 011. 4. SHRI. SAGAR S/O. LATE NAGESH KAMU, AGE: 35 YEARS, OCC:SERVICE, R/O:IIIRD CROSS, NEAR AMBIKA TILES, Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:7256 RSA No. 100048 of 2016 BHAGYA NAGAR, BELAGAVI – 590 011. 5. KUMARI VARSHA D/O. LATE NAGESH KAMU, AFTER MARRIAGE KNOWN AS VARSHA W/O. VIJAY MENSE, AGE:33 YEARS, OCC:HOUSEHOLD WORK, R/O:IIIRD CROSS, NEAR AMBIKA TILES, BHAGYA NAGAR, BELAGAVI – 590 011. 6. SHRI. YOGESH S/O. LATE NAGESH KAMU, AGE:30 YEARS, OCC:BUSINESS, R/O:IIIRD CROSS, NEAR AMBIKA TILES, BHAGYA NAGAR, BELAGAVI – 590 011. 7. SHRI. DIGAMBAR S/O. MAHADEV KAMU, AGE: 40 YEARS, OCC: BUSINESS, R/O:H.NO:383/1, MARUTI GALLI, ANGOL, BELAGAVI – 590 006. 8. SHRI. DATTA MAHADEV KAMU, AGE: 44 YEARS, OCC: BUSINESS, R/O:H.NO:383/1, MARUTI GALLI, ANGOL, BELAGAVI – 590 006. 9. SHRI. MANOHAR NARAYAN KAMU, AGE: 60 YEARS, OCC: PENSIONER, R/O:H.NO:26, "G" TYPE HAL COLONY, POST:HAL, BENGALURU – 560 017. 10. SHRI. ANANT NARAYAN KAMU, AGE:65 YEARS, OCC:BUSINESS, R/O:VITH CROSS, BHAGYANAGAR, ANGOL, BELAGAVI – 590 006. …RESPONDENTS (BY SRI. SANGRAM S. KULKARNI, ADVOCATE FOR R7 TO R10; V/O DATED: 29.08.2024 APPEAL STAND ABATED AGAINST R1 & R10; V/O DATED: 23.08.2024 APPEAL STAND ABATED AGAINST R9) THIS REGULAR SECOND APPEAL IS FILED UNDER ORDER XLII RULE 1 R/W. SECTION 100 OF CPC, 1908, SET ASIDE THE JUDGMENT AND DECREE DATED 04.11.2015 PASSED BY THE II ADDITIONAL SENIOR CIVIL JUDGE AND CJM BELAGAVI IN RA 3/2014 INSOFAR AS REFUSING THE RELIEF OF DECLARATION AND MANDATORY INJUNCTION IS CONCERNED; SET ASIDE THE JUDGMENT AND DECREE DATED 19.11.2013 PASSED BY THE I ADDITIONAL CIVIL JUDGE AND JMFC BELAGAVI IN OS 151/2008; ALLOW THE APPEAL WITH COSTS THROUGHOUT BY DECREEING THE SUIT IN OS 151/2008 ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE AND JMFC BELAGAVI AND ETC., - 3 - HC-KAR NC: 2025:KHC-D:7256 RSA No. 100048 of 2016 THIS APPEAL, COMING ON FOR ADMISSION THIS DAY ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL) Court Notice issued to the appellant has been served through the Principal District and Sessions Judge, Belagavi on 21.10.2021 as seen in the communication dated 18.08.2021. Neither the Appellant is present nor there is any representation on his behalf. The appeal stands dismissed for non-prosecution. Sd/- (M.G.S. KAMAL) JUDGE VMB CT-ASC List No.: 1 Sl No.: 27