The High Court of Karnataka dismissed two regular first appeals (No. 343/2013 and 344/2013) arising from civil suits regarding sale deed rectification and permanent injunction due to the appellant failing to appear and not filing paper books.
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.
NC: 2023:KHC:39608 RFA No. 343 of 2013 C/W RFA No. 344 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 06TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
REGULAR FIRST APPEAL No.343 OF 2013 (PAR) C/W REGULAR FIRST APPEAL No.344 OF 2013(INJ)
IN R.F.A.No.343/2013
BETWEEN:
R KRISHNA SINGH SON OF RAM SINGH AGED ABOUT 33 YEARS SEEGEHALLI KADUGODI POST BANGALORE -560 067
…APPELLANT
(BY SRI VIJAYAKUMAR, ADVOCATE)
AND:
Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA
DAUGHTER OF LATE G HANUMATHAPPA AGED ABOUT 64 YEARS RESIDING AT 13, 23RD CROSS SKK PET, KILLARI ROAD BANGALORE -560 002
NC: 2023:KHC:39608 RFA No. 343 of 2013 C/W RFA No. 344 of 2013
4 AND 5 RESIDING AT 80, NAGAVARAPALYA BANGALORE -560 090
…RESPONDENTS
(BY SRI UMASHANKAR M N AND SRI K.SHASHIDHAR PRASAD, ADVOCATES FOR C/R2 TO R5;
VIDE ORDER DATED 27.09.2022, APPEAL AGAINST R1 DISMISSED)
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 R/W ORDER 41, RULE 1 OF CIVIL PROCEDURE CODE AGAINST THE JUDGMENT AND DECREE DATED 07.12.2012 PASSED IN O.S.NO.1189/2006 ON THE FILE OF 17TH ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, DISMISSING THE SUIT FILED RECTIFICATION OF THE SALE DEED.
IN R.F.A.No.344/2013
BETWEEN:
R KRISHNA SINGH SON OF RAM SINGH, AGED ABOUT 41 YEARS, SEEGEHALLI,
KADUGODI POST, BANGALORE-560 067
…APPELLANT
(BY SRI VIJAYAKUMAR, ADVOCATE)
AND:
…RESPONDENTS (BY SRI UMASHANKAR M N, ADVOCATE FOR C/R6-R9;
R1-SERVED; VIDE ORDER DATED 26.10.2021 APPEAL AS AGAINST R2 TO R5 DISMISSED)
THIS RFA IS FILED UNDER SECTION 96 R/W, O-41, RULE-1 OF CIVIL PROCEDURE CODE AGAINST THE JUDGMENT AND DECREE DATED 07.12.2012 PASSED IN O.S.5150/2005 ON THE FILE OF XVII-ADDL. CITY CIVIL AND SESSIONS JUDGE, CCH-16, BENGALURU, DISMISSING THE SUIT FOR PERMANENT INJUNCTION.
THESE APPEALS COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Case called twice. None present for appellant.
Paper books not filed, despite granting sufficient time.
Accordingly, appeals stand dismissed for non
prosecution.
Sd/JUDGE
kcm List No.: 1 Sl No.: 6
R Krishna Singh
Smt G H Sharadamma
Suresh Salariaya
Rohit Salariaya
Mohamed Safiulla
N. Mohamed Samad
V Srishananda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
