This first appeal against a decree for specific performance of contract was dismissed for non-prosecution due to the appellant's failure to pay a deficit court fee of Rs. 10,00,000/-.
The appeal was dismissed for non-prosecution due to non-payment of a deficit court fee of Rs. 10,00,000/-.
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. 182 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JUNE, 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. 182 OF 2020 (SP)
BETWEEN:
Digitally signed by NARASIMHA MURTHY VANAMALA Location: HIGH COURT OF KARNATAKA
RESPONDENTS NO. 1 TO 4 ARE RESIDING AT PURA VILLAGE, KASABA HOBLI, MALUR TALUK, KOLAR DISTRICT.
RFA No. 182 of 2020
AGED ABOUT 42 YEARS, RESIDING AT KURUBARA PETE THERU BEEDI, HOSKOTE TOWN HOSKOTE TALUK, BANGALORE.
…APPELLANTS
(BY SMT. G.K. PADMAVATHI, ADVOCATE FOR SRI. SURESH K.,ADVOCATE)
AND:
SRI. DASHARATHA S/O SRI. PILLACHIKKANNA, AGED ABOUT 47 YEARS, RESIDING AT JINNAGARA VILLAGE, JADEGENAHALLI HOBLI, HOSKOTE TALUK, BANGALORE RURAL DISTRICT.
…RESPONDENT THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 06.06.2017 PASSED IN OS.No.560/2007 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, BANGALORE RURAL DISTRICT, BANGALORE,PARTLY DECREEING THE SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT BY DIRECTING THE DEFENDANT/ APPELLANT TO REFUND THE ADVANCE AMOUNT OF Rs.10 LAKHS, TO THE PLAINTIFF/RESPONDENT WITH INTEREST AT 9 PERCENT FROM THE DATE OF PAYMENT TILL REALIZATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE P.S. DINESH KUMAR, J., DELIVERED THE FOLLOWING:
RFA No. 182 of 2020
JUDGMENT
for non-compliance of office objections.
submits that deficit Court fee of about Rs.10,00,000/- is not paid.
prosecution.
Sd/JUDGE
Sd/JUDGE
AN/-
1 issue framed by the court
Whether the appeal for specific performance should be allowed despite non-payment of court fee?
Smt. Ramakka
Sri. Narayanappa
Sri. Manjunatha
Sri. Siddaraju
Sri. Ramamurthy
Sri. Dasharatha
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
