Dismissed

Dinesh Kumar Bafna v. Sharada Bai

Karnataka HC8 Nov 2023RFA/971/2019

Case brief

AI extract

What is this about?

The High Court of Karnataka dismissed two regular first appeals filed by the appellant in Regular First Appeal No. 971 of 2019 and C/W RFA No. 791 of 2019 as they became infructuous after the appellant complied with the decree by removing the entire construction in the suit schedule property.

What did the court decide?

Both appeals are dismissed as having become infructuous due to compliance of decree by removal of construction.

Dinesh Kumar Bafna Vs Sharada Bai — Property and Title | Karnataka HC (2023)

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NC: 2023:KHC:39844 RFA No. 971 of 2019 C/W RFA No. 791 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

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REGULAR FIRST APPEAL NO. 971 OF 2019

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C/W

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REGULAR FIRST APPEAL NO. 791 OF 2019

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IN RFA NO.971/2019 BETWEEN:

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DINESH KUMAR BAFNA, S/O OF HIRALAL BAFNA, AGED ABOUT 42 YEARS, R/AT NO.9/1, OLD NO.480, PRATEEKSHA, 2^ND CROSS, 2^ND BLOCK, BANASHANKARI 1^ST STAGE, BENGALURU - 560 050.

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…APPELLANT

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(BY SRI. SATISH T.S., ADVOCATE)

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AND:

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Digitally signed by VANDANA S Location: HIGH COURT OF KARNATAKA

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SHARADA BAI, W/O SRI. ASHOK KUMAR L., AGED ABOUT 55 YEARS.

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ASHOK KUMAR L., S/O LALCHAND GADIA, AGED ABOUT 55 YEARS.

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BOTH R/AT NO.2, A.N. SUBBARAO ROAD, 3^RD MAIN, 5^TH CROSS, HANUMANTHANAGAR, BENGALURU - 560 019.

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…RESPONDENTS

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(BY SRI. RAJASHEKAR S., ADVOCATE FOR C/R1 AND R2)

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NC: 2023:KHC:39844 RFA No. 971 of 2019 C/W RFA No. 791 of 2019

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THIS RFA IS FILED UNDER SECTION 96 OF THE CODE OF CIVIL PROCEDURE VIDE R(J) ORDER DATED 19.08.2019, THE COUNSEL FOR APPELLANT HAS NOT COMPLIED WITH THE OFFICE OBJECTIONS.

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IN RFA NO.791/2019 BETWEEN:

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DINESH KUMAR BAFNA, S/O OF HIRALAL BAFNA, AGED ABOUT 42 YEARS, R/AT NO.9/1, OLD NO.480, PRATEEKSHA, 2^ND CROSS, 2^ND BLOCK, BANASHANKARI 1^ST STAGE, BENGALURU - 560 050.

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…APPELLANT

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(BY SRI. SATISH T.S., ADVOCATE)

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AND:

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SHARADA BAI, W/O SRI. ASHOK KUMAR L., AGED ABOUT 55 YEARS.

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ASHOK KUMAR L., S/O LALCHAND GADIA, AGED ABOUT 55 YEARS.

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BOTH R/AT NO.2, A.N. SUBBARAO ROAD, 3^RD MAIN, 5^TH CROSS, HANUMANTHANAGAR, BENGALURU - 560 019.

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…RESPONDENTS

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(BY SRI. RAJASHEKAR S., ADVOCATE FOR C/R1 AND R2)

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THIS RFA IS FILED UNDER SECTION 96 OF THE CODE OF CIVIL PROCEDURE VIDE R(J) ORDER DATED 19.08.2019, THE COUNSEL FOR APPELLANT HAS NOT COMPLIED WITH THE OFFICE OBJECTIONS. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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3 - NC: 2023:KHC:39844 RFA No. 971 of 2019 C/W RFA No. 791 of 2019

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JUDGMENT

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Learned counsel for the appellant in both the above appeals

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has filed a common memo dated 25.09.2023 which reads as under :-

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"The Appellant humbly seeks the leave of this Hon'ble Court to submit that the Appellant has complied with decree against him and removed the entire construction in the suit schedule property. The copy of the Photographs is produced for kind perusal of this Hon'ble Court, since entire construction in the suit schedule property has been removed and cleared, the Appeal becomes infructuous and since the order/decree of the trial Court has been complied.

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The Appellant seeks the leave to submit that the case matter be disposed of as withdrawn, in the interest of justice and equity."

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Both the above Appeals are dismissed as having become infructuous in terms of the above memo.

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Sd/JUDGE

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NG List No.: 1 Sl No.: 14 CT:SNN

Dinesh Kumar Bafna v. Sharada Bai

Case brief

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Dinesh Kumar Bafna v. Sharada Bai

Case brief

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