- 1 - HC-KAR NC: 2025:KHC-D:9766 RFA No. 100519 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI REGULAR FIRST APPEAL NO. 100519 OF 2018 (DEC/INJ) BETWEEN: 1. M/S.KPB PUBLICATIONS A PARTNERSHIP FIRM REGISTERED UNDER THE INDIAN PARTNERSHIP ACT HAVING ITS PLACE OF BUSINESS AT 39, 2ND FLOOR, N.R KHAN BUILDING ST.ANTHONY STREET, CAMP, BELAGAVI-590001. REPRESENTED BY ITS PARTNERS APPELLANT No.2 AND 3. 2. SHRI PRAKASH S/O KAREPPA MALLAPUR, AGE:MAJOR, OCC:BUSINESS, R/O 39, 2ND FLOOR, N.R.KHAN BUILDING, ST.ANTHONY STREET, CAMP, BELAGAVI-590001. 3. SMT. SEEMA W/O PRAKASH MALLAPUR, AGE: MAJOR, OCC: BUSINESS, AND AUTHOR, R/O 39, 2ND FLOOR, N.R.KHAN BUILDING, ST.ANTHONY STREET, CAMP, BELAGAVI-590001. …APPELLATS (BY SRI DEEPAK S. KULKARNI, ADVOCATE (ABSENT)) AND: 1. SHRI SWAPNIL S/O BABASO RAJMANE, AGE: MAJOR, OCC: SERVICE R/O C/O SAMBHAJI S AMBEWADKAR SAMBAJI NAGAR, YALLUR ROAD, VADAGAON, BELAGAVI-590005. VINAYAKA B V Digitally signed by VINAYAKA B V Date: 2025.08.11 16:05:10 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9766 RFA No. 100519 of 2018 2. SHRI SAMBHAJI S/O SHIVAJI AMBEWADKAR, AGE: MAJOR, OCC: DIRECTOR SAMBAJI NAGAR, YALLUR ROAD, VADAGAON, BELAGAVI-590005. 3. SMT. PREMA W/O SAMBHAJI AMBEWADKAR, AGE: MAJOR, OCC: DIRECTOR SAMBAJI NAGAR, YALLUR ROAD, VADAGAON, BELAGAVI-590005. 4. SHINE PUBLICATION PVT LTD., AN INCORPORATED COMPANY HAS ITS REGISTERED OFFICE AT 07, PADMA NIVAS, 2ND FLOOR, RADHA KRISHNA MARG, 2ND CROSS, HINDWADI, BELAGAVI-590011. REPRESENTED BY ITS DIRECTORS RESPONDENT NO.2 AND RESPONDENT NO.3 NOW MOVED AT SAMBAJI NAGAR, YALLUR ROAD, VADAGAON, BELAGAVI-590005. …RESPONDENTS THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 OF CPC, PRAYING THAT, ON THESE GROUNDS OF OBJECTIONS AMOUNGST OTHER WHICH WOULD BE URGED AT THE TIME OF HEARING OF THE JUDGMENT AND DECREE PASSED BY THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI IN O.S.NO.3/2012 DATED 23.08.2018 MAY KINDLY BE SET ASIDE IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI - 3 - HC-KAR NC: 2025:KHC-D:9766 RFA No. 100519 of 2018 JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) Case called twice. None appears for the appellants. In spite of granting sufficient time, the appellants have not taken steps for service of notice to respondent Nos.1 to 4. Though the matter was listed on 28.07.2025, none appears for the appellants. Finally, one week time was granted to take steps, failing which, the appeal shall be listed for dismissal. Even today, none appears for the appellants, and the appellants have not taken steps for service of notice to respondent Nos.1 to 4. It seems that the appellants are not interested in prosecuting the appeal. Accordingly, the appeal is dismissed for not taking steps. Sd/- (ASHOK S. KINAGI) JUDGE MBS CT:GSM List No.: 1 Sl No.: 24