The High Court of Karnataka dismissed a Regular First Appeal filed under Section 96 CPC for specific performance of contract. The appeal was dismissed for non-prosecution due to the appellant's consistent absence across hearings and a rejected application to recall a previous order.
I.A.No.1/2022 rejected; appeal dismissed for non-prosecution.
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. 865 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
REGULAR FIRST APPEAL NO. 865 OF 2015 (SP)
BETWEEN:
SRI. B. SRIRAMA REDDY S/O BYRAPPA AGED ABOUT 50 YEARS FORMERLY RESIDING AT NO.12 V P KHATAHA NO.10/12 KATRIGUPPE VILLAGE UTTARAHALLI HOBLI BANGALORE SOUTH TLAUK PRESENTLY R/AT NO.103 3RD C MAIN ROAD 20TH CORSS, 6TH BLOCK JAYANAGAR, BANGALORE-560011. …APPELLANT
(BY SRI. C.V. RAJASHEKAHAR.,ADVOCATE [ABSENT])
AND:
Digitally signed by DHANALAKSHMI MURTHY 1. SMT. T. CHITTAMMA Location: High W/O T CHINNAPPA NAIDU Court of Karnataka AGED BOUT 49 YERS RESIDING AT NO.96 II AMIN, I CROSS KEMPEGOWDA LAYOUT BANASHANKARI III STAGE KATTARIGUPPE BANGALORE-560 085.
RFA No. 865 of 2015
R/O NO.51, V MAIN ROAD,. II CROSS, SRINIVASANAGAR BANGALORE-560 050.
…RESPONDENTS
(BY SRI.ASHOK PATIL., ADVOCATE FOR R2: APPEAL IS DISMISSED AGAINST R1 V/O DATED:27.07.2022)
THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 28.02.2015 PASSED IN OS NO.2191/2001 ON THE FILE OF THE XI ADDL. CITY CIVIL JUDGE,BENGALURU, DECREED THE SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
When the matter was posted on 22.05.2023, none appeared for the appellant and hence, as a last chance, the matter was adjourned to 29.05.2023.
Even when the matter was posted on 29.05.2023, none appeared for the appellant and hence the matter was ordered to be listed on 02.06.2023 on the top of the list for dismissal.
Even today when the matter was called out, none appeared for the appellant. It appears that the appellant is not interested in prosecuting the case. Hence,
RFA No. 865 of 2015
I.A.No.1/2022 filed for recalling order dated 02.03.2020 is
rejected.
Consequently, the appeal is dismissed for non-
prosecution.
Sd/JUDGE
HA List No.: 1 Sl No.: 2
1 provisions across 1 enactments
SRI. B. SRIRAMA REDDY
SMT. T. CHITTAMMA
SRI S R PRAKASH
H.T. NARENDRA PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
