- 1 - NC: 2025:KHC-D:6097-DB RFA No. 100443 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF APRIL 2025 PRESENT THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM AND THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR FIRST APPEAL NO.100443 OF 2023 (SP) BETWEEN: 1. SHRI NAGARAJ S/O. ISHWAR JOSHI AGED ABOUT 52 YEARS, OCC. AGRICULTURE, R/AT BEHIND MAHADEV TEMPLE, NANDANGADDE, BADA KARAWAR, UTTAR KANNADA DISTRICT. 2. SMT. GIRIJA W/O. ISHWAR JOSHI AGED ABOUT 78 YEARS, OCC. HOUSEHOLD, R/AT BEHIND MAHADEV TEMPLE, NANDANGADDE, BADA KARAWAR, UTTAR KANNADA DISTRICT. …APPELLANTS (SRI. NAGARAJ-ABSENT & SMT. GIRIJA-ABSENT) AND: SHRI MOHAN S/O. KAMALAKAR NAIK AGED ABOUT 49 YEARS, OCC. AGRICULTURE, RESIDING AT ANILGOD, HONNAVARA TALUK, UTTAR KANNADA DISTRICT-581301. …RESPONDENT THIS RFA IS FILED UNDER SECTION 96 R/W.ORDER 41 RULE 1 OF CPC. 1908, AGAINST JUDGMENT & DECREE DT. 15.06.2023 PASSED IN O.S. NO.02/2018 ON THE FILE OF SENIOR CIVIL JUDGE & JMFC, HONNAVARA, ALTERNATIVELY DECREEING THE SUIT FILED FOR SPECIFIC PERFORMANCE. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM AND THE HON'BLE MR. JUSTICE G BASAVARAJA VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: HIGH COURT OF KARNATAKA Date: 2025.04.19 11:28:30 +0530 - 2 - NC: 2025:KHC-D:6097-DB RFA No. 100443 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM) This appeal has been preferred by the defendants assailing the refund directed by the Court below. Upon perusal of the records, it is evident that the appellants, despite questioning the refund, have managed to retain possession of the property that is the subject matter of the agreement. Additionally, they continue to enjoy the benefit of the earnest money amounting to Rs.33,50,000/- since the year 2014. This prolonged retention of both property and money, without resolution, highlights a deliberate attempt to protract the proceedings to their advantage. Significantly, records further indicate that this matter had been heard substantially and was ripe for final adjudication on merits before the Co-ordinate Bench. However, at a crucial juncture when the Court was poised to pronounce its judgment, an adjournment was sought under the pretext of change of counsel, with the advocate on record retiring from the case. Despite this, the matter was generously adjourned on two separate occasions to enable the appellants to engage new - 3 - NC: 2025:KHC-D:6097-DB RFA No. 100443 of 2023 legal representation. Yet, no sincere steps were taken by the appellants to pursue the matter diligently or in good faith. This Court cannot help but note with disapproval the apparent strategy adopted by the appellants of watching the progress of proceedings passively, without meaningful participation, and creating procedural roadblocks with the intent of frustrating the judicial process. Such conduct amounts to abuse of the process of law and stands as a textbook example of litigants adopting dilatory tactics to indefinitely stall finality in litigation. It undermines the very spirit of justice and erodes public confidence in the legal system. Although this Court generally refrains from dismissing appeals solely on the ground of non-prosecution, we are constrained in the present case to adopt a firm stance. The pattern of inaction, tactical delays, and evasion compels us to dismiss this appeal for non-prosecution. Accordingly, the appeal is dismissed with costs of Rs.10,000/- payable to the respondent. Should the appellants choose to seek recall of this order in future, such an application shall be entertained only - 4 - NC: 2025:KHC-D:6097-DB RFA No. 100443 of 2023 upon deposit of the aforementioned costs, which shall be a precondition for consideration. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE Sd/- (G BASAVARAJA) JUDGE RSH / Ct-cmu LIST NO.: 1 SL NO.: 20