This first appeal against a decree in a specific performance suit was dismissed for non-prosecution as the appellant showed no interest in pursuing the case despite a two-year delay.
Appeal dismissed due to non-prosecution/failure to ensure service of notice.
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. 1530 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF FEBRUARY, 2023
BEFORE
THE HON’BLE MR JUSTICE N S SANJAY GOWDA REGULAR FIRST APPEAL NO. 1530 OF 2018 (SP)
BETWEEN:
SMT NETHRAVATHI W/O T. KRISHNA NAIK AGED ABOUT 42 YEARS, R/AT NO.19/20, NEW LAYOUT, GUTTE ANJANEYE TEMPLE ROAD, FORT KENGERI, BANGALORE-60
…APPELLANT
(BY SRI. ARUN BHAT.,ADVOCATE)
AND:
Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. SRINIVASA K.,ADVOCATE FOR C/R1)
RFA No. 1530 of 2018
THIS RFA FILED UNDER SEC.96 OF CPC.,AGAINST THE JUDGMENT AND DECREE DATED 24.07.2018 PASSED IN OS NO.4326/2010 ON THE FILE OF THE XVIII ADDL.CITY CIVIL AND SESSIONS JUDGE, BENGALURU DECREEING THE SUIT FOR SPECIFIC PERFORMANCE, DECLARATION AND INJUNCTION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
taken to ensure service of notice on respondent Nos.2 and 3. It is obvious that the appellant is not interested in prosecuting the appeal.
Sd/-
JUDGE
BMC
List No.: 1 Sl No.: 17
Smt Nethravathi w/o T. Krishna Naik
Smt Vijayalakshmi d/o Venkatesh
Sri T Nagaraj
Sri Magadi Rangaiah s/o Late Rangappa
N S Sanjay Gowda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
