M Munisubbappa, Vs M Muniyappa @ Vasanthappa — Karnataka HC (2025) — LawSathi Research

M Munisubbappa, Vs M Muniyappa @ Vasanthappa — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:37081-DB RFA No. 2092 of 2023

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF SEPTEMBER, 2025

PRESENT

THE HON'BLE MRS. JUSTICE ANU SIVARAMAN

AND

THE HON'BLE MR. JUSTICE RAJESH RAI K

REGULAR FIRST APPEAL NO. 2092 OF 2023 (SP)

BETWEEN:

M MUNISUBBAPPA, S/O MUNI KRISHNAPPA, AGED 60 YEARS, R/AT CHICKBALLAPUR RAOD, VIJUPRA TOWN, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT.

&APPELLANT

(BY SRI. S GANESH SHENOY.,ADVOCATE)

Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA

AND:

M MUNIYAPPA @ VASANTHAPPA S/O LATE GORAMADAGU MUNISHAMAPPA, AGED ABOUT 79 YEARS,

VENKATAMMA W/O MUNIYAPPA, AGED ABOUT 74 YEARS,

DYAVAPPA S/O LATE MUNIYAPPA, AGED ABOUT 47 YEARS,

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NC: 2025:KHC:37081-DB RFA No. 2092 of 2023

HC-KAR

AMARAVATHI D/O DYAVAPPA, AGED ABOUT 46 YEARS.

GAYANA D/O DYAVAPPA, AGED ABOUT 26 YEARS,

NAVEENA D/O DYAVAPPA, AGED ABOUT 19 YEARS,

VENKATESHA S/O MUNIYAPPA AGED ABOUT 49 YEARS,

LAKSHMINARASAMMA W/O VENKATESHA, AGED ABOUT 45 YEARS,

AKSHAYA D/O VENKATESHA, AGED ABOUT 19 YEARS,

NAGARAJU S/O VENKATESHA, AGED ABOUT 14 YEARS,

REPRESENTED BY FATHER AND NATURAL GUARDIAN, VENKATESHA - APPELLANT NO. 7

GANGA RAJU S/O MUNIYAPPA, AGED ABOUT 36 YEARS,

R-1 TO 11 ARE R/O GORAMADAGU VILLAGE, KADABA HOBLI, SIDLAGHATTA TALUK, CHICKABALLAPUR DISTRICT- 562 105.

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HC-KAR

LAKSHMIKANTHAMMA

D/O MUNIYAPPA AGED ABOUT 36 YEARS R/A KOREPALLI VILLAGE MANDIKALHOBLI

CHICKBALLAPUR TALUK

CHICKBALLAPUR DISTRICT - 562 106.

NARAYANASWAMY

S/O LATE GORAMADAGU MUNISHAMAPPA

AGED ABOUT 69 YEARS.

ANUINAMMA

W/O NARAYANASWAMY

AGED ABOUT 63 YEARS RESPONDENT NO. 13 & 14

IS R/O GORAMADAGU VILLAGE KASABAHOBLI, SIDLAGHATTA TALUK

CHICKBALLAPUR DISTRICT - 562 105.

15. SAROJAMMA

D/O NARAYANASWAMY

AGED ABOUT 39 YEARS

R/A NARAYANADASARAHALLI VILLAGE JANGAMAKOTEHOBLI SIDLAGHATTA TALUK CHICKABALLAPUR DISTRICT - 562 105.

VINOD S/O NARAYANASWAMY AGED ABOUT 38 YEARS R/A GORAMADAGU VILLAGE KASABAHOBLI, SIDLAGHATTA TALUK CHICKBALLAPUR DISTRICT - 562 105.

SHOBHA D/O NARAYANASWAMY AGED ABOUT 30 YEARS R/A KONDENAHALLI VILLAGE NANDI HOBLI CHICKBALLAPUR TALUK & DIST.

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HC-KAR

KAKKAYAPPA S/O GANGAPPA

AGED ABOUT 71 YEARS.

AKKAYAMMA W/O KAKKAYAPPA AGED ABOUT 63 YEARS.

MUNI REDDY S/O KAKKAYAPPA AGED ABOUT 53 YEARS.

KRISHNA S/O KAKKAYAPA SINCE DECEASED BY LRS PARTY.

INDRAMMA W/O LATE KRISHNA AGED ABOUT 45 YEARS.

YESHVANTHA S/O LATE KRISHNA AGED ABOUT 19 YEARS.

SAHANA D/O LATE KRISHNA AGED ABOUT 18 YEARS.

MUNIRAJA S/O KAKKAYAPPA AGED ABOUT 47 YEARS.

GAJENDRA S/O KAKKAYAPPA AGED ABOUT 55 YEARS R-18 TO R-25 ARE R/O MELUR VILLAGE, JANGAMAKOTEHOBLI SIDLAGHATTA TALUK CHICKABALLAPUR DISTRICT - 562 105.

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HC-KAR

26. SHIVAPPA

S/O GANGAPPA

AGED ABOUT 69 YEARS R/O MUTHURU VILLAGE JANGAMAKOTEHOBLI SIDLAGHATTA TALUK

CHICKBALLAPUR DISTRICT - 562 105.

27. DODDAVENKATAPPA

S/O GANGAPPA

SINCE DECEASED BY LRS.

28. PILLAMMA

D/O LATE DODDAVENKATAPPA

AGED ABOUT 68 YEARS.

29. NARASIMHAPPA

S/O LATE DODDAVENKATAPPA

AGED AOBUT 66 YEARS.

30. BAGYAMMA

W/O NARASIMHAPPA AGED ABOUT 42 YEARS.

CHINNAMMA W/O SHIVAPPA AGED ABOUT 55 YEARS

R-27 TO 31 ARE R/O GORAMADAGU VILLAGE KASABAHOBLI, SIDLAGHATTA TALUK CHICKBALLAPUR DISTRICT.

32. LAKSHMAMMA

W/O CHIKKANARASIMHAPPA AGED ABOUT 77 YEARS MUTHURU VILLAGE JANGAMAKOTEHOBLI SIDLAGHATTA TALUK CHICKABALLAPUR DISTRICT.

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HC-KAR

MUNIKRISHNAPPA S/O CHIKKANARASIMHAPPA AGED ABOUT 45 YEARS R/O MUTHURU VILLAGE JANGAMAKOTE HOBLI SIDLAGHATTA TALUK CHICKBALLAPUR DISTRICT.

&RESPONDENTS

THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 04.07.2023 PASSED IN OS.NO.93/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, SHIDLAGHATTA, PARTLY DECREEING THE SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT.

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

CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE RAJESH RAI K)

We have heard the learned counsel for the appellant.

Till today, office objections are not complied with.

Therefore, in view of the peremptory order dated 02.09.2024 passed by this Court, no further order is required.

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NC: 2025:KHC:37081-DB RFA No. 2092 of 2023

HC-KAR

Accordingly, the appeal stands dismissed for

non-prosecution .

SD/-

(ANU SIVARAMAN) JUDGE

SD/(RAJESH RAI K) JUDGE

HKV List No.: 4 Sl No.: 18