A regular first appeal filed under Section 96 of CPC for specific performance was dismissed for non-prosecution. The court observed no appearance by appellants, no paper books filed despite being an old appeal, and steps not taken to serve deceased and absent respondents.
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.
NC: 2024:KHC:33398-DB RFA No. 1895 of 2012
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF AUGUST, 2024
PRESENT
THE HON'BLE MR JUSTICE S.G.PANDIT
AND
THE HON'BLE MR JUSTICE C.M. POONACHA REGULAR FIRST APPEAL NO. 1895 OF 2012 (SP)
BETWEEN:
Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA
APPELLANTS 1 TO 4 ARE RESIDING AT EECHURU VILLAGE KUNDA POST PONNAMPET HOBLI VIRAJPET TALUK KODAGU DISTRICT-571 216
(BY SRI. M RAMAKRISHNA.,ADVOCATE FOR A1 SRI. PRABHUGOUD B TUMBIGI, ADVOCATE FOR A1(A & E)(ABSENT) SRI. MOIDEEN IRSHAD K, ADVOCATE FOR A3 (ABSENT) NOTICE TO A1(B & D) ARE DISPSNED WITH
V/O DTD 10.09.2015 STEPS NOT TAKEN AGAINSET DECEASD A1(C))
AND:
…RESPONDENTS
(BY SRI. ABHINAV R.,ADVOCATE FOR C/R(ABSENT) R2(C)- SERVED R2(A) & (B) STEPS NOT TAKEN)
THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 24.9.2012 PASSED IN O.S.NO.25/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE, VERAJAPETE, DECREEING THE SUIT FOR SPECIFIC PERFORMANCE.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.G.PANDIT and HON'BLE MR JUSTICE C.M. POONACHA
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE S.G.PANDIT)
None appears for the appellants in the morning session as well as in the afternoon session.
Sd/(S.G.PANDIT) JUDGE
Sd/(C.M. POONACHA) JUDGE
nd
List No.: 1 Sl No.: 3
1 issue framed by the court
Whether the appeal stands dismissed due to appellant non-prosecution and failure to serve summons to certain respondents.
1 provisions across 1 enactments
SMT MUKKATIRA K KAMAVVA
M.K. BOPAIAH
SRI M.K. NACHAPPA
SMT M.N. RUKMINI
SRI K HARISH
SRI M.K. GANAPATHI
S.G. PANDIT
C.M. POONACHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
