In a regular first appeal regarding specific performance, the single judge observed that the appellant failed to comply with a peremptory order despite being granted an extension. The appellant did not appear, leading the court to dismiss the appeal for non-prosecution without costs.
The appeal is dismissed for non-prosecution. No costs.
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.
RFA No. 1362/2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF MAY, 2023
PRESENT
THE HON'BLE MR JUSTICE P.S.DINESH KUMAR
AND
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
REGULAR FIRST APPEAL NO. 1362 OF 2017 (SP)
BETWEEN:
Digitally signed by ANUSHA V Location: HIGH COURT OF KARNATAKA
M.H.DEVARAJE GOWDA S/O LATE CHALUVE GOWDA
AGED ABOUT 44 YEARS
RESIDENT OF HAMLET OF HANDINAKERE MANCHANAHALLI, KASABA HOBLI
HASSAN DISTRICT-573 201. …APPELLANT
(BY SHRI. P.S. MOHAN, ADVOCATE [ABSENT])
AND:
RFA No. 1362/2017
5. SATHYANARANA
S/O VENKATE GOWDA AGED ABOUT 35 YEARS
ALL ARE RESIDENTS OF HAMLET OF HANDINAKERE MANCHANAHALLI KASABA HOBLI HASSAN DISTRICT-573 201. …RESPONDENTS
THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 17.04.2017 PASSED IN OS.NO.68/2014 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, HASSAN, PARTLY DECREEING THE SUIT FOR SPECIFIC PERFORMANCE.
THIS RFA, COMING ON FOR ORDERS , THIS DAY, P.S.DINESH KUMAR, J. , DELIVERED THE FOLLOWING:
JUDGMENT
None appears for the appellant.
has passed a peremptory order dated 08.09.2022 granting time subject to payment of cost. Yet, office objections have not been complied.
RFA No. 1362/2017
non-prosecution.
No costs.
Sd/-
JUDGE
Sd/JUDGE
YN
List No.: 1 Sl No.: 26
1 issue framed by the court
Whether the appeal for specific performance should be allowed baring non-prosecution.
1 provisions across 1 enactments
M.H.DEVARAJE GOWDA
VENKATE GOWDA
PREMA
SHANTHA
MANJULA
SATHYANARANA
P.S.DINESH KUMAR
T.G. SHIVASHANKARE GOWDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
