Sri T v Rama Subba Rao, Since Dead by His Lrs Vs Smt Vasantha Kumari — Karnataka HC (2026) — LawSathi Research

Sri T v Rama Subba Rao, Since Dead by His Lrs Vs Smt Vasantha Kumari — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the appellant may be granted time to cure the office objection regarding non-amendment of cause title for proposed respondent Nos.2 to 4 and to file attested translations under Order XIII Rule 12 CPC (Karnataka Amendment), with consequences on default.

Court's answer

The appellant was permitted 48 hours to remove the office objection regarding non-amendment of cause title in respect of proposed respondent Nos.2 to 4, failing which the appeal shall stand abated against them.

Ratio / Principle

The appellant was granted four weeks to file duly attested translations of the depositions/documents on record along with an affidavit as required under Order XIII Rule 12 CPC (Karnataka Amendment), failing which the matter shall stand dismissed without further reference to the Court.

Key takeaways

IA No.2/2022 for early hearing was allowed.ratio¶31
The Court Order dated 09.06.2026 having not been complied with, the Appeal stands dismissed.ratio¶34

Detailed headnote1 paragraphs

Karnataka High Court, Division Bench (Jayant Banerji and Tara Vitasta Ganju, JJ.), Regular First Appeal No. 1151 of 2012 (SP) [NC: 2026:KHC:35192-DB] — appeal under Section 96 r/w Order 41 Rule 1 CPC against Judgment and Decree dated 31.5.2012 in O.S.No.1652/2004 (Presiding Officer, Fast Track Court-V, C/C of Fast Track Court-I, Bangalore Rural District, Bangalore) partly decreeing a suit for specific performance. By Oral Order dated 09.06.2026 the Court granted 48 hours to remove the office objection regarding non-amendment of cause title in respect of proposed respondent Nos.2 to 4, failing which the appeal was to abate against them; granted four weeks to file duly attested translations of depositions/documents with affidavit under Order XIII Rule 12 CPC (Karnataka Amendment), failing which the matter was to stand dismissed without further reference; allowed IA No.2/2022 for early hearing and directed listing on 14.07.2026 if translations were duly filed. Registry endorsement records that the Court Order dt.09.06.2026 was not complied with; hence the Appeal stands dismissed.

1 -

NC: 2026:KHC:35192-DB RFA No. 1151 of 2012

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9^TH DAY OF JUNE, 2026

PRESENT

THE HON'BLE MR. JUSTICE JAYANT BANERJI

AND

THE HON'BLE MS. JUSTICE TARA VITASTA GANJU

REGULAR FIRST APPEAL NO. 1151 OF 2012 (SP)

BETWEEN:

SRI T V RAMA SUBBA RAO, SINCE DEAD BY HIS LRS SRI.T R SUKUMAR S/O LATE T V RAMA SUBBA RAO AGED ABOUT 50 YEARS R/A.NO.146/3 GOKAK ROAD, 11^TH MAIN, HANUMANTHANAGAR, BANGALORE.

…APPELLANT

(BY SRI. G.R.ANANTHARAM, ADVOCATE)

Digitally signed by MAMATHA K Location: HIGH COURT OF KARNATAKA

AND:

SMT VASANTHA KUMARI W/O KEMPANNA CHETTY AGED ABOUT 56 YEARS R/AT NO.425, CAVERY NAGAR R T NAGAR POST BANGALORE.

…RESPONDENT

(BY SRI. P.B.RAJU, ADVOCATE)

2 - NC: 2026:KHC:35192-DB RFA No. 1151 of 2012

HC-KAR

This Regular First Appeal filed under Section 96 R/W Order 41 Rule 1 of CPC, against the Judgment and Decree dated 31.5.2012 passed in O.S.No.1652/2004 on the file of Presiding Officer, Fast Track Court-V, C/C of Fast Track Court-I, Bangalore Rural District, Bangalore, partly decreeing the suit filed for specific performance.

This Appeal is coming on for Orders this day, the court made the following:

ORAL ORDER

Learned counsel for the appellant prays for and is permitted 48 hours time to remove the office objection regarding non-amendment of cause title in respect of proposed respondent Nos.2 to 4, failing which, the appeal shall stand abated against them.

Learned counsel for the appellant prays for and is granted four weeks time to file duly attested translations of the depositions/documents on record along with an affidavit as required under Order XIII Rule 12 CPC (Karnataka Amendment), failing which, the matter shall stand dismissed without further reference to the Court.

3 - NC: 2026:KHC:35192-DB RFA No. 1151 of 2012

HC-KAR

If translations are duly filed, list the matter on

14.07.2026.

IA. No.2/2022 for early hearing is accordingly allowed.

Sd/JUDGE

Sd/JUDGE

NOTE: Court Order dt.09.06.2026 not complied with. Hence Appeal stands dismissed.

COPY

Sd/I/C ASSISTANT REGISTRAR

T By: BR

R By: NR

C By: STE