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2025 Supreme(Online)(Kar) 15350

KARNATAKA HIGH COURT
HANCHATE SANJEEVKUMAR, J
MALLIKARJUN S/O. MAHANTAPPA CHITTARAGI – Appellant
Versus
M/S. M.Y. RAIBAGI AND SONS – Respondent


Advocates:
For the Appellants/Petitioners: SMT. RANJITA ALAGAWADI, SRI KUSHAL N. KAMBALE
For the Respondents: SRI C.S.SHETTAR

Table of Content
1. defendant's absence due to prior counsel's negligence. (Para 10)
2. court's view on fair hearing and procedural fairness. (Para 11)

ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the defendant challenging the judgment and decree dated 27.04.2018, passed by the Additional District and Sessions Judge, Gadag, in O.S.No.1/2015, whereby the suit filed by the plaintiffs was decreed.

2. Heard the arguments addressed by the learned counsels appearing for the respective parties and perused the trial Court records and the appeal papers.

3. For the purpose of convenience and easy reference, ranking of the parties is referred to as per their status before the trial Court.

4. The plaintiffs have filed suit for permanent injunction under section 134, 135 of the Trade Mark Act, 1999 and under section 38 of the Specific Relief Act, 1963 , by pleading that plaintiff No.1 is a partnership firm and plaintiff No.2 is a partner and are manufacturing and selling branded chewing tobacco and hand made branded beedies from 35-40 years all over the Karnataka State. The defendant with an intention to defraud the plaintiffs in the same logo and trade

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