Sri. R. Eshan v. Sri. a. Shashidhara

Karnataka HC8 Jun 2026RFA/2211/2025

Case brief

AI extract

What is this about?

Keywords: Karnataka HC RFA 2211/2025; Section 96 CPC appeal against specific performance decree; O.S.No.1499/2022; III Additional Senior Civil Judge and CJM Mysuru; decree dated 22.07.2024; abatement on death of sole appellant (died 13.01.2026); decree executed and satisfied; appeal dismissed as abated; judges Anu Sivaraman, Venkatesh Naik T; decided 08.06.2026. Use when researching appeals disposed of by abatement due to appellant's death, or status of this specific-performance decree.

What did the court decide?

On the memo reporting the death of the sole appellant, the Regular First Appeal is dismissed as abated; the respondent's submissions regarding the death and the execution and satisfaction of the specific-performance decree were placed on record. ¶31-33

Sri. R. Eshan Vs Sri. a. Shashidhara — Karnataka HC (2026) — LawSathi Research

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NC: 2026:KHC:27014-DB RFA No. 2211 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^TH DAY OF JUNE, 2026

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PRESENT

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THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND

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THE HON'BLE MR. JUSTICE VENKATESH NAIK T REGULAR FIRST APPEAL NO. 2211 OF 2025 (SP)

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BETWEEN:

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Digitally signed by ANJALI M Location: High Court of Karnataka

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SRI R. ESHAN S/O. LATE L. RAMAKRISHNA, AGED ABOUT 63 YEARS, RESIDING AT D. NO. 43, 7^TH CROSS, VINAYAKA NAGARA, MYSURU - 570 012, REP. BY HIS GPA HOLDER, SRI. RAGHAVENDRA K.S., S/O. SHIVANNA, AGED ABOUT 42 YEARS, RESIDING AT KATHEGOWDANAKOPPALU VILLAGE, KRISHNAPURA POST, GAVADAGERE HOBLI, HUNSUR TALUK - 571 602.

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(BY SRI. RAGHU T. J., ADVOCATE)

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…APPELLANT

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AND:

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SRI A. SHASHIDHARA S/O. LATE ANDHANI GOWDA, AGED ABOUT 53 YEARS, RESIDING AT D. NO. 2217, 1^ST FLOOR, 1^ST CROSS, E-BLOCK, NEAR NETHAJI CIRCLE, DATTAGALLI, MYSURU - 570 033.

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…RESPONDENT

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(BY SRI. CHETHAN B., ADVOCATE)

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2 - NC: 2026:KHC:27014-DB RFA No. 2211 of 2025

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HC-KAR

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THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF THE CODE OF CIVIL PROCEDURE PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND DECREE DATED 22.07.2024 PASSED BY THE III ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MYSURU, IN O.S.NO.1499/2022 AND CONSEQUENTLY DISMISS THE SUIT OF THE RESPONDENT AND ETC.,

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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 MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VENKATESH NAIK T

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ORAL JUDGMENT

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(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

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There is no appearance on behalf of the appellant.

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The learned counsel for the respondent has filed a memo reporting the death of sole appellant on 13.01.2026. It is submitted that the present appeal, therefore, stands abated as of now.

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It is further submitted by the learned counsel for the respondent that the decree for specific performance has already been executed and satisfied.

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The said submissions are placed on record.

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NC: 2026:KHC:27014-DB RFA No. 2211 of 2025

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HC-KAR

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Accordingly, the Regular First Appeal is

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