The High Court of Karnataka dismissed a revision appeal under Order 41 Rule 1/R.W. Section 96 CPC against a decree for specific performance. The appeal was dismissed for non-prosecution pending settlement reports.
Appeal dismissed for non-prosecution with liberty to seek revival.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF NOVEMBER, 2020
PRESENT
THE HON’BLE MRS.JUSTICE S.SUJATHA
AND
THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
R.F.A.No.1068/2011
BETWEEN :
ALL ARE R/AT VAJAMANGALA VILLAGE VARUNA HOBLI-570001 MYSORE TALUK AND DISTRICT.
...APPELLANTS
(BY SRI.P.MAHESH, ADV.)
AND :
SRI JASWANTH KUMAR KOTHARI S/O SRI MANGILAL KOTHARI
- 2 -
AGED ABOUT 44 YEARS R/AT No.2875, 1ST MAIN ROAD MAHAVEER NAGAR LASHKAR MOHALLA MYSORE-570001. …RESPONDENT
(BY SRI.S.SUBHASH, ADV.)
THIS R.F.A. IS FILED UNDER ORDER 41 RULE 1 R/W SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 18.04.2011 PASSED IN O.S.438/2006 ON THE FILE OF THE I-ADDL. JUDGE, COURT OF SMALL CAUSES AND ADDL. SENIOR CIVIL JUDGE, MYSORE, DECREEING THE SUIT FOR THE SPECIFIC PERFORMANCE.
THIS APPEAL COMING ON FOR HEARING, THIS DAY, S. SUJATHA, J ., DELIVERED THE FOLLOWING:
J U D G M E N T
This appeal is directed against the judgment and
decree dated 18.04.2011 passed in O.S.No.438/2006 on
the file of the First Additional Judge, Small Causes and Additional Senior Civil Judge at Mysuru, whereby the suit of the plaintiff has been decreed with costs and the defendants are directed to execute the registered sale deed in favour of the plaintiff in respect of the suit schedule property by receiving the balance sale consideration of Rs.17,00,000/- as per the sale agreement dated 21.02.2005 within three months from
- 3 -
the date of the order. In case the defendants failed to comply the said direction, the plaintiff is at liberty to get the sale deed registered in respect of the suit schedule property and the defendants shall hand over the possession of the suit schedule property to the plaintiffs in accordance with law.
the submission of the learned counsel appearing for the parties that the parties have already settled the matter amicably and their respective affidavits shall be filed before the Court. Again on 20.10.2020, the matter has been adjourned at the request of the learned counsel appearing for the appellants.
- 4 -
the appellants would contend that though sincere efforts were made by him to get the affidavits of the appellants to report the settlement before the Court, there is no response and accordingly he submits that the parties may not be interested to prosecute the appeal.
considered opinion that the parties are not serious in prosecuting the appeal.
Accordingly the appeal stands dismissed for nonprosecution with liberty to the parties to seek revival of the appeal, if need arises.
Sd/-
JUDGE
Sd/-
JUDGE
‘NC.
SRI P.SHIVANNA AND OTHS.
SRI JASWANTH KUMAR KOTHARI
S. SUJATHA
SACHIN SHANKAR MAGADUM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
