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Manjunath M Vs B v Venkatagiriyappa — Specific Performance | Karnataka HC (2023)

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Karnataka HC
2023
Manjunath M Vs B v VenkatagiriyappaManjunath M v. B v Venkatagiriyappa

Dismissed

Manjunath M v. B v Venkatagiriyappa

Karnataka HC10 Nov 2023RFA/242/2009

Case brief

AI extract

What is this about?

Regular First Appeal in specific performance matter dismissed for non-prosecution as appellant failed to appear despite notice and cost default.

What did the court decide?

Appeal dismissed for non-prosecution.

What the court decided

AI extract

A

1 -

NC: 2023:KHC:40803 RFA No. 242 of 2009

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10^TH DAY OF NOVEMBER, 2023

BEFORE

THE HON'BLE MR JUSTICE V SRISHANANDA REGULAR FIRST APPEAL No.242 OF 2009 (SP)

BETWEEN:

MANJUNATH M S/O S N MUNISWAMY R/AT NO 859, I FLOOR 3RD MAIN ROAD, 2ND STAGE, D BLOCK RAJAJINAGAR, BANGALORE 10.

…APPELLANT

(BY SRI. B S SHIVAKUMAR., ADVOCATE)

AND:

Digitally signed by 1. B V VENKATAGIRIYAPPA R MANJUNATHA Location: HIGH SINCE DEAD BY LRS COURT OF KARNATAKA 1(a) SMT. V. VILOCHANA AGED ABOUT 54 YEARS W/O LATE V V VENKATAGIRIYAPPA SUPERINTENDENT MAHARANI LAKSHMI AMMANNI COLLEGE 18^TH CROSS, MALLESHWARAM BANGALORE-560003.

Statutes considered

1 provisions across 1 enactments

AI extract

CPC96

Parties & counsel

AI extract

appellant
MANJUNATH M S/O S N MUNISWAMY
respondent
SMT. V. VILOCHANA
respondent
SRI. B.V. YESHWANTH GIRI
respondent
SMT SRIDEVI

Coram

AI extract

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 10 Nov 2023 · November
Registered: 5 Mar 2009
Case no.: RFA/242/2009

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Cite this judgement

Manjunath M v. B v Venkatagiriyappa, RFA/242/2009 (KA), decided on 10 November 2023.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

CPC96

View all statutes

Bench / Coram

V S RISHANANDA

Parties & counsel

Outcome

Appeal dismissed for non-prosecution.

Detailed headnote1 paragraphs

Appeal is dismissed for non-prosecution. The appellant did not appear on the hearing date, and the cost of Rs. 5,000 was not deposited. The matter comes before the court only for this final order.

A compact analysis

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.

2 -

NC: 2023:KHC:40803 RFA No. 242 of 2009

1(b) SRI. B.V. YESHWANTH GIRI AGED ABOUT 25 YEARS S/O LATE B.V. VENKATAGIRIYAPPA MTS – TAPPAL SECTION GROUND FLOOR, OLD BUILDING AGS OFFICE BANGALORE-560001.

BOTH RESPONDENT No.1 (a) and 1(b) ARE R/AT C-1, C BLOCK, GROUND FLOOR, CPWD QUARTERS VIJAYANAGARA BANGALORE-560040

SMT SRIDEVI W/O SRI A RAVINDRA R/AT NO 381, 100 FEET ROAD, HAL II STAGE, INDIRANAGAR BANGALORE 560038.

…RESPONDENTS

(BY SRI. M/S HOLLA AND HOLLA FOR C/R2., ADVOCATE) (V/O DT. 10/4/2017 R1(A) IS H/S & R1(B) NOTICE SERVED)

THIS RFA IS FILED U/S 96 CPC AGAINST THE JUDGMENT AND DECREE DATED 13.1.2009 PASSED IN OS.NO.4391/2001 ON THE FILE OF THE V ADDL.CITY CIVIL JUDGE, BANGALORE CITY, DISMISSING THE SUIT FOR THE RELIEF OF SPECIFIC PERFORMANCE OF THE AGREEMENT.

THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT PASSED THE FOLLOWING:

3 -

NC: 2023:KHC:40803 RFA No. 242 of 2009

ORDER

Case called twice. None present on behalf of the appellant. Counsel for respondents is present.

Cost of Rs.5,000/- is not paid. Amendment to cause title not carried out.

Accordingly, appeal stands dismissed for non prosecution.

Sd/JUDGE

kcm

V S RISHANANDA

CNR

KAHC010218872009

Topic

Specific Performance

Bench

Disposal

Dismissed for Non-Prosecution

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10 Nov 2023

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