Appeal R.F.A.No.323/2012 before High Court of Karnataka against dismissal of specific performance suit. Court dismissed appeal for non-prosecution due to appellant's absence despite service of notice.
Dismissing the appeal for non-prosecution and disposing off pending interim applications.
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.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF AUGUST, 2021
PRESENT
THE HON’BLE MRS. JUSTICE S. SUJATHA
AND
THE HON’BLE MR. JUSTICE RAVI V. HOSMANI
R.F.A.No.323 /2012 (SP)
BETWEEN:
SRI.M.RAVIKUMAR S/O T.MADAPPA AGED ABOUT 40 YEARS R/AT ASHWATHKATTE ROAD CHIKKAKALLASANDRA SUBRAMANYAPURA POST BANGALORE-560 061. ...APPELLANT
[BY SRI.M.RAVIKUMAR, ADVOCATE (ABSENT)]
AND:
RESPONDENTS 2 & 3 BOTH CHILDREN OF LATE A.R.KANTHARAJ R/AT NO.13, LINGAYATHARA BEEDHI ATTIBELE VILLAGE
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ANEKAL TALUK BANGALORE DISTRICT-562 106.
BANGALORE RURAL DIST. - 562 106.
SINCE DEAD REP. BY HIS LRs
3
7(c) SRI. ANAND
AGED ABOUT 32 YEARS RESPONDENTS 7(a), 7(b) & 7 (c) RESIDING AT CHIKKANAHALLI ROAD PARVATHI NAGAR, ATTIBELE ROAD ANEKAL TALUK, BANGALORE DISTRICT P.C.562 106. ...RESPONDENTS
[BY SRI.R.L.N.MURTHY, ADVOCATE FOR R1 TO R5; SRI.RAJESHWAR.P.N., ADVOCATE FOR C/R6 (PHYSICAL HEARING); NOTICE SERVED TO R7(A) TO R7(C)]
THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 28.10.2011 PASSED IN O.S.NO.1080/2006 ON THE FILE OF THE DISTRICT & SESSIONS JUDGE AND PRESIDING OFFICER, FAST TRACK COURT, ANEKAL, DISMISSING THE SUIT FOR SPECIFIC PERFORMANCE.
THIS RFA COMING ON FOR ORDERS THIS DAY, S.SUJATHA J., DELIVERED THE FOLLOWING:
J U D G M E N T
Despite service of Court notice issued to the appellant,
there is no representation on behalf of the appellant.
Hence, appeal stands dismissed for non-prosecution.
All the pending I.As. stand disposed off accordingly.
Sd/JUDGE
Sd/JUDGE
BVK
1 issue framed by the court
Whether the appeal filed under Section 96 CPC should be dismissed for non-prosecution due to appellant's absence.
1 provisions across 1 enactments
SRI.M.RAVIKUMAR
SMT.N.M.VIJAYA
SRI.K.CHIDANANDA
KUMARI CHAITHRA
SMT.A.R.PREMALEELA
SMT.A.R.HEMAVATHI
S. SUJATHA
RAVI V. HOSMANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
