Dismissed

Sri M B Mallikarjunaiah v. Sri Venkatareddy

Karnataka HC3 Jan 2023RSA/63/2017

Case brief

AI extract

What is this about?

This revision application appealed against a decree allowing a suit for specific performance. The court noted the decree was already enforced via a sale deed in an execution petition in 2017 and dismissed the appeal as it could not survive after enforcement.

What did the court decide?

The appeal was dismissed as the decree was already enforced by a sale deed through court execution.

Sri M B Mallikarjunaiah Vs Sri Venkatareddy — Specific Performance | Karnataka HC (2023)

¶1

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 3^RD DAY OF JANUARY, 2023

¶4

BEFORE

¶5

THE HON'BLE MR. JUSTICE H.P. SANDESH

¶6

R.S.A.NO.63/2017 (SP)

¶7

BETWEEN:

¶8

SRI M.B. MALLIKARJUNAIAH, S/O LATE BULLAPPA, AGED ABOUT 64 YEARS, R/O MINDENAHALLI VILLAGE, THONDEBHAVI HOBLI-561213. GOURIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT.

¶9

...APPELLANT

¶10

(BY SRI V.B. SIDDARAMAIAH, ADVOCATE)

¶11

AND:

¶12

SRI VENKATAREDDY, S/O APPAREDDY, AGED ABOUT 56 YEARS, R/O MINDENAHALLI VILLAGE, THONDEBHAVI HOBLI-561213, GAURIBIDANUR TALUK, CHIKKABALLAPUR DISTRICT. ... RESPONDENT

¶13

(BY SRI PRINCE ISAC, ADVOCATE)

¶14

THIS R.S.A IS FILED UNDER ORDER XLI RULE 2 READ WITH SECTION 100 OF CPC AGAINST THE JUDGEMENT AND DECREE DATED 15.02.2016 PASSED IN RA NO.105/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., GOWRIBIDANUR, ALLOWING THE APPEAL FILED AGAINST THE JUDGMENT AND DECREE DATED 15.04.2013 PASSED IN OS

¶15

¶16

NO.227/2007 ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC, GAURIBIDANUR.

¶17

THIS R.S.A. COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:

¶18

J U D G M E N T

¶19

Heard the learned counsel for the appellant and the learned counsel for the respondent on I.A.No.1/2017 and there is a delay of 223 days in filing the appeal.

¶20

The learned counsel for the respondent would submit that the suit filed for the relief of specific performance was executed on 12.09.2017.

¶21

The learned counsel for the appellant also not disputes the fact regarding execution of decree, but would contend that if the appellant succeeds in this appeal, it can be revived. The said submission is noted.

¶22

The suit is filed for the relief of specific performance and already decree is enforced by having sale deed through Court in execution petition. When such being the facts, I do not find any force in the contention of the learned counsel for the appellant when the decree for specific performance was

¶23

¶24

executed in 2017 itself. Hence, the submission of the learned counsel for the appellant cannot be accepted and when the decree has already been enforced in the execution, the appeal does not survive for consideration. Hence, the appeal is dismissed.

¶25

SD/JUDGE

¶26

Sri M B Mallikarjunaiah v. Sri Venkatareddy

Case brief

What is this about?

What did the court decide?

Sri M B Mallikarjunaiah v. Sri Venkatareddy

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Krishnegowda Vs Doreswamy

Smt. Savithramma Vs Smt.Lakshmamma

Sri Saleem Ahammed Vs the National Insurance Co.Ltd.

Smt. Anjinamma Vs Smt. Obamma

Paramesha Vs Narayanagowda S N

Mohammed Syedulla Vs Mohammed Fayazulla