Appeal against dismissal of a suit for specific performance of a sale agreement and permanent injunction. Counsel reported the appellant had died about a year earlier and could not furnish the date of death; the appeal was dismissed as abated.
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NC: 2024:KHC:37734 RFA No. 1127 of 2008
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
REGULAR FIRST APPEAL NO.1127 OF 2008 (SP)
BETWEEN:
SRI.P.NAGARAJ S/O LATE PUTTACHAR AGED ABOUT 69 YEARS R/AT GAJENDRA NILAYA 4TH CROSS, MOODALAPALYA NAGARABHAVI BENGALURU - 560 072
…APPELLANT
(BY SRI.ANIL RAMACHANDRA, ADVOCATE)
AND:
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA
AGED ABOUT 42 YEARS
ALL ARE RESIDING AT NO.271, II CROSS PEENYA I STAGE BENGALURU - 560 058
…RESPONDENTS
(RESPONDENTS ARE SERVED)
THIS RFA IS FILED U/SEC.96 OF THE CPC AGAINST THE JUDGEMENT AND DECREE DATED 02.06.2008 PASSED IN O.S.NO.5655/04 ON THE FILE OF THE XXXIX ADDL. CITY CIVIL & SESSIONS JUDGE, BANGALORE, DISMISSING THE SUIT FOR SPECIFIC PERFORMANCE OF SALE AGREEMENT AND PERMANENT INJUNCTION AND ETC.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
ORAL JUDGMENT
Learned counsel appearing for appellant submits
that the appellant has died a year back and he is not in a position to furnish the exact date of death.
Since the appellant has died a year back, the
appeal is dismissed as abated.
SD/(SACHIN SHANKAR MAGADUM) JUDGE
NBM
List No.: 1 Sl No.: 20
1 provisions across 1 enactments
SRI. P. NAGARAJ S/O LATE PUTTACHAR
SRI. P NAGARAJ S/O LATE H.POOJAPPA
SRI. P MANJUNATH S/O LATE H.POOJAPPA
SMT. LAKSHMI D/O LATE H.POOJAPPA
SMT. GOWRAMMA D/O LATE H.POOJAPPA
SMT. CHANDRAMMA D/O LATE H.POOJAPPA
SACHIN SHANKAR MAGADUM
As recorded by the court registry
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