Sri Basavanna S/O Mari Gowda vs Sri C S Chandrashekar
2022 Latest Caselaw 11390 Kant

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   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 16TH DAY OF AUGUST, 2022

                       BEFORE

        THE HON'BLE MR. JUSTICE V. SRISHANANDA

              R.F.A.No.523/2012(SP)

BETWEEN:

SRI.BASAVANNA
S/O MARI GOWDA
AGED ABOUT 48 YEARS
RESIDING AT BEERIHUNDI VILLAGE
JAYAPURA HOBLI,
MYSORE TALUK-23                       ..APPELLANT

(BY SRI.R.GEORGE LAZARUS, ADVOCATE)

AND:

1. SRI.C.S.CHANDRASHEKAR
S/O LATE SUBBA RAO
AGED ABOUT 77 YEARS

2. SRI.C.NAGARAJ
S/O OF SRI.CHANDRASHEKAR
AGED ABOUT 36 YEARS

BOTH 1 AND 2 ARE RESIDING AT
NO.143/1, 10TH MAIN,
5TH CROSS,
KAMAKSHI HOSPITAL ROAD,
KUVEMPUNAGAR,
MYSORE -570 023.

3. SMT.JAYAMMA
                           2




W/O M.D.SHIVARAMAIAH
AGED ABOUT 61 YEARS

4. SRI.M.D.SHIVARAMAIH
FATHER NAME NOT KNOWN
AGED ABOUT 65 YEARS

5. SMT.SUNDARAMMA
D/O M.D.SHIVARAMAIH
AGED ABOUT 41 YEARS

6. SRI.M.S.SURESH
S/O M.D.SHIVARAMAIAH
AGED ABOUT 39 YEARS

7. SRI.M.S.RAMESH
S/O M.D.SHIVARAMAIAH
AGED ABOUT 36 YEARS

RESPONDENT NO.3 TO 7 ARE
RESIDING AT NO.24, 1ST STAGE
3RD CROSS, GAYATHRIPURAM
MYSORE -570 049

8. SRI.K.MADHAVA RAO
S/O P.KRISHNA RAO
MAJOR,
RESIDING AT NO.605/2/1,
K.R.MOHALLA
COLLEGE ROAD,
MYSORE CITY,
MYSORE -570 081                ..RESPONDENTS

(BY SRI.L.GOVINDARAJ, ADVOCATE FOR R-1 & R-2,
VIDE ORDER DATED 12.12.2018, APPEAL AGAINST R-3 TO
R-7 DISMISSED. NOTICE TO R-8 SERVED -UNREPRESENTED)
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     THIS RFA IS FILED UNDER SECTION 96 READ WITH
ORDER XLI RULE 1 OF CPC AGAINST THE JUDGMENT AND
DECREE DATED 02.12.2011 PASSED IN O.S.NO.996/2006
ON THE FILE OF THE IV ADDITIONAL SENIOR CIVIL JUDGE,
MYSORE,    DECREEING    THE   SUIT   FOR    SPECIFIC
PERFORMANCE.


     THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                     JUDGMENT

Case called twice. None present on behalf of the

appellant.

Paper books not filed vide court order dated

01.04.2021.

Hence, appeal is dismissed for non-prosecution.

Sd/-

JUDGE

SBN