Dismissed

Sri H K Divakara v. Sri Narayana

Karnataka HC19 Nov 2024RFA/2214/2024

Case brief

AI extract

What is this about?

Appeal against a decree for specific performance of an agreement. Counsel filed a memo seeking withdrawal of the appeal; the memo was taken on record and the appeal was dismissed as withdrawn, with refund of court fee and pending applications disposed of.

What did the court decide?

Appeal dismissed as withdrawn; court fee to be refunded to the appellant on due identification; pending interlocutory application(s) disposed of.

Sri H K Divakara Vs Sri Narayana — Specific Performance | Karnataka HC (2024)

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NC: 2024:KHC:46782-DB RFA No. 2214 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 19^TH DAY OF NOVEMBER, 2024

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PRESENT

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THE HON'BLE MR JUSTICE K.SOMASHEKAR

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AND

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THE HON'BLE MR JUSTICE RAJESH RAI K

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REGULAR FIRST APPEAL NO. 2214 OF 2024 (SP)

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BETWEEN:

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SRI. H.K DIVAKARA S/O LATE H.K KESHAVAMURTHY AGED 56 YEARS R/O KANDALI VILLAGE BYLAHALLI ROAD KASABA HOBLI HASSAN TLAUK-573 201.

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…APPELLANT

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(BY SRI. VINOD PRASAD, ADVOCATE)

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AND:

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Digitally signed by HARIKRISHNA V Location: HIGH COURT OF KARNATAKA

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SRI. NARAYANA S/O LATE RANGEGOWDA AGED ABOUT 61 YEARTS R/O NAJADEVARA KAVALU VILLAGE KUPPALI POST, KASABA HOBLI HASSAN TALUK.

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SRI. C.L KRISHNAMURTHY S/O LATE C.L GUPTA AGED ABOUT 75 YEARS R./O NO.12, 5^TH CROSS SARASWATHIPURAM MAIN ROAD, J.S NAGARA, NANDINI LAYOUT

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2 - NC: 2024:KHC:46782-DB RFA No. 2214 of 2024

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BANGALORE-560 096.

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…RESPONDENTS

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THIS RFA IS FILED UNDER SEC.96 R/W ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 28.08.2024 PASSED IN OS NO.116/2012 ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, HASSAN., DECREEING THE SUIT FOR SPECIFIC PERFORMANCE OF AGREEMENT.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR and HON'BLE MR JUSTICE RAJESH RAI K

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ORAL JUDGMENT

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(PER: HON'BLE MR JUSTICE K.SOMASHEKAR)

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This appeal is directed against the judgment and

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decree passed in O.S.No.116/2012 dated 22.08.2024 by the II Additional Senior Civil Judge and JMFC, Hassan.

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Learned counsel, namely, Sri Vinod Prasad, for

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the appellant is present before the Court physically and submits that he has filed a memo seeking permission to withdraw the present appeal.

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Memo is taken on record.

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In terms of the memo, the present appeal is dismissed as withdrawn.

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3 - NC: 2024:KHC:46782-DB RFA No. 2214 of 2024

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Court fee which is paid by the appellant to prefer the present appeal shall be refunded to the appellant on due identification.

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In view of disposal of the main appeal, the interlocutory application, if any, is pending for

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consideration and the same shall stand disposed of.

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Sd/(K.SOMASHEKAR) JUDGE

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Sd/(RAJESH RAI K) JUDGE

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KTY List No.: 2 Sl No.: 3

Sri H K Divakara v. Sri Narayana

Case brief

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Sri H K Divakara v. Sri Narayana

Case brief

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