Sri.Motilal S/O Gangasa Dhongadi vs Sri.Gaibusab S/O Noorkhan ...
2022 Latest Caselaw 1974 Kant

            IN THE HIGH COURT OF KARNATAKA
                    DHARWAD BENCH

      DATED THIS THE 08TH DAY OF FEBRUARY, 2022

                         PRESENT

     THE HON'BLE Dr.JUSTICE H.B.PRABHAKARA SASTRY

                            AND

          THE HON'BLE MR. JUSTICE S. RACHAIAH

                  RFA NO.100042 OF 2017


BETWEEN:
SRI. MOTILAL S/O. GANGASA DHONGADI,
AGED ABOUT 80 YEARS, OCC: AGRICULTURE,
R/AT 52/8, BDA APARTMENT, ANDINI LAYOUT,
BENGALURU-560057

                                                 .. APPELLANT
(BY SRI. MRUTYUNJAYA TATA BANGI, ADVOCATE)

AND:

1.      SRI. GAIBUSAB S/O. NOORKHAN MULTANI,
        AGED ABOUT 38 YEARS, OCC: AGRICULTURE,
        R/AT NAGAMUNNOLI, TQ. CHIKODI,
        NOW R/AT MEKHALI, TQ. RAIBAG,
        DIST. BELAGAVI - 590002.

        SRI. NARASING S/O. GANGASA DHONGADI,
        SINCE DECEASED BY L.RS.

2.      SRI. MOHAN S/O. NARASINGSA DHONGADE,
        AGED ABOUT 46 YEARS, OCC: BUSINESS,
        R/AT M.F.52/8, NANDINI LAYOUT,
        BENGALURU-560057
                                            RFA No.100042/2017


                           2


3.   SRI. JAWAHAR S/O. NARASINGSA DHONGADI,
     AGED ABOUT 42 YEARS, OCC: BUSINESS,
     R/AT. M.F.52/8, NANDINI LAYOUT,
     BENGALURU - 560057.

4.   SMT. GAYATRI W/O. VENKATESH BAKALE,
     AGED ABOUT 40 YEARS, OCC: BUSINESS,
     R/AT. HUDCO COLONY, GADAG - 582101.

5.   SMT. NARMADA W/O. NARASINGSA DHONGADI,
     AGED ABOUT 70 YEARS, OCC: HOUSEHOLD WORK,
     R/O. M.F.52/8, NANDINI LAYOUT,
     BENGALURU-560057.

                                           .. RESPONDENTS

(SRI. SACHIN B. PATIL, ADVOCATE FOR C/R1;
NOTICE TO RESPONDENT NOS.2, 3, 4 AND 5 SERVED AND UN-
REPRESENTED)

     THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST
THE JUDGMENT AND DECREE DATED 02.12.2016 PASSED IN
O.S.NO.156/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JUDICIAL   MAGISTRATE    FIRST   CLASS,  RAIBAG,   PARTLY
DECREEING THE SUIT FILED FOR SPECIFIC PERFORMANCE OF
CONTRACT.

     THIS APPEAL COMING ON FOR ADMISSION THROUGH
PHYSICAL HEARING/VIDEO CONFERENCING HEARING THIS DAY,
Dr.H.B.PRABHAKARA SASTRY J., MADE THE FOLLOWING:




                        ORDER

Called again.

Learned counsel for the appellant has filed a memo

seeking withdrawal of this appeal as not pressed.

RFA No.100042/2017

In view of the memo and supporting submissions

from both sides, the appeal stands disposed of, as not

pressed.

Sd/-

JUDGE

Sd/-

JUDGE

*Svh/-