The High Court of Karnataka disposed of a Revisional Appeal filed under Section 96(1) of CPC and a Cross Objection under Order 41 Rule 22 CPC, both seeking leave to withdraw appeals against a judgment dismissing a suit for specific performance.
Leave for withdrawal of appeal and cross-objection granted; appeal and cross-objection dismissed as withdrawn.
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 9TH DAY OF MARCH, 2021
PRESENT
THE HON’BLE MRS.JUSTICE S.SUJATHA
AND
THE HON’BLE MR. JUSTICE P.N.DESAI
R.F.A.No.2033/2011 C/w. R.F.A.Crob No.4/2012
IN R.F.A.No.2033/2011:
BETWEEN :
N.T.DAYANANDA S/O G.T.GOWDA AGE 42 YEARS No.741, BANNIMANTAP ‘B’ LAYOUT, JSS NAGAR MYSORE – 570 015
...APPELLANT
(BY SRI SANDEEP PATIL , ADVOCATE)
AND :
(RESPONDENT NO.1 IS TREATED AS T HE LR OF RESPONDENT NO.2 VIDE ORDER DATED 14.02.2014)
…RESPONDENTS
(BY SRI V.M.PRASAD, ADV. FOR R-1; R1 IS LR’s OF R2;
SRI DILIP KUMAR, ADVOCATE FOR R3 & R4)
THIS R.F.A. IS FILED UNDER SECTION 96(1) OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 12.08.2011 PASSED IN O.S.No.957/2007 ON THE FILE OF THE II ADDL. SR. CIVIL JUDGE, MYSORE, DISMISSING THE SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT.
IN R.F.A.Crob No.4/2012:
BETWEEN :
SRI JAVARAPPA S/O LATE CHIKKAIAH AGED : 75 YEARS No.979, NEAR SIDDAPPAJI TEMPLE INDIRANAGARA, NAZERBAD MOHALLA MYSORE – 570 010
...CROSS OBJECTOR
(BY SRI V.M.PRASAD, ADVOCATE)
AND :
…RESPONDENTS
(BY SRI SANDEEP PATIL, ADV. FOR R-1; SRI DILIP KUMAR, ADVOCATE FOR R2 & R3)
THIS R.F.A.CROB IN R.F.A.No.2033/2011 IS FILED UNDER ORDER 41, RULE 22 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 12.08.2011 PASSED IN O.S.No.957/2007 ON THE FILE OF THE II ADDL. CITY CIVIL JUDGE, MYSORE, DISMISSING THE SUIT FILED FOR SPECIFIC PERFORMANCE.
THIS APPEAL ALONG WITH R.F.A.CROB. COMING ON FOR HEARING, THIS DAY, S. SUJATHA, J ., DELIVERED THE FOLLOWING:
J U D G M E N T
Learned counsel for appellant as well as the cross
objector have filed separate memos seeking leave of the Court to withdraw the appeal as well as the Cross - objection.
objection stand dismissed as withdrawn.
Sd/JUDGE
Sd/JUDGE
HB/-.
1 provisions across 1 enactments
N.T.DAYANANDA S/O G.T.GOWDA
SRI JAVARAPPA - S/O LATE CHIKKAIAH
SMT. CHIKKAMMA W/O JAVARAPPA
SMT. JANAKAMMA W/O JAVARAPPA
SRI MAHESH S/O JAVARAPPA
S.SUJATHA
P.N.DESAI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
