This order dismisses the first appeal (RFA No 100295 of 2022) against a specific performance decree without reference, due to the appellants failing to comply with time-bound office objections.
Appeal dismissed without reference to the Court due to failure to comply with office objections.
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.
1
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD
DATED THIS 21th DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
RFA NO 100295 OF 2022
BETWEEN
1 . JUDICIAL EMPLOYEE CO-OP HOUSING SOCITY LTD., REPRESENTED BY ITS CHARIMAN FIAZ
AHMED S/O
MAHAMMADGOUSE SHAIKH CIVIL COURT COMPLEX, HUBBALLI AND OTHERS
APPELLANTS
(By Sri S.N.Kini, ADVOCATE )
AND
1 . M/S KIRAN KRISHNA REAL ESTATE AND CONSTRUCTIONS PVT LTD., BY ITS MANAGING DIRECTOR SRI VALLABHNENI KRISHNA PRASAD S/O LATE PADDAIAH, R/O 50-40 -13/A, TPT COLONY, SEETHARAMADHARA VISHAKHAPANAM -13 A P BY ITS BRANCH OFFICE # 8-130
II FLOOR, LAXMI COMPLEX, NEELIGIN ROAD, HUBBALLI , REPRESENTED BY ITS POWER OF ATTORNEY SRI M MALLESHAPPA S/O BASANNA R/O HOSPET AND OTHERS
... RESPONDENTS
2
RFA FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 26.03.2021 PASSED IN O.S.NO.367/2006 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, HUBBALLI, PARTLY DECREEING THE SUIT FILED FOR SPECIFIC PERFORMANCE AND PERPETUAL INJUNCTION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING;
O R D E R
“Two weeks time is granted to comply with the office objections. Failing to do so, the appeal stands dismissed without reference to the Court.”
SD/JUDGE
Note:- As per endorsement made in the order sheet dated 22/12/2023. The advocates for the appellants has not complied with the office objections at SI No.01 to 05. Hence, this RFA No. 100295/2022 stands dismissed without reference to the Court as per the Court Order dated 21.11.2023.
BY ORDER OF THE COURT
Sd/-
ASSISTANT REGISTRAR .
C- By:T- By: -psl
1 issue framed by the court
Whether the appeal should be allowed given the appellants' failure to comply with office objections.
1 provisions across 1 enactments
JUDICIAL EMPLOYEE CO-OP HOUSING SOCITY LTD.
M/S KIRAN KRISHNA REAL ESTATE AND CONSTRUCTIONS PVT LTD.
HANCHATE SANJEEVKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
