Sri C S Krishnamurthy vs Sri Mohamed Zulfikar Ali
2022 Latest Caselaw 124 Kant

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  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 4TH DAY OF JANUARY, 2022

                      PRESENT

        THE HON'BLE MR. JUSTICE G. NARENDAR

                        AND

THE HON'BLE Mr. JUSTICE SHIVASHANKAR AMARANNAVAR

        REGULAR FIRST APPEAL No.322/2018

BETWEEN:

 SRI C S KRISHNAMURTHY
 S/O LATE C G SESHA CHALAM
 AGED ABOUT 73 YEARS,
 R/AT No.3367/J, 13TH MAIN ROAD
 HAL II STAGE, INDIRANAGAR
 BENGALURU - 560 038.
                                       ...APPELLANT

(BY SRI H R ANANTHAKRISHNAMURTHY, ADVOCATE
 -THROUGH V.C.)

AND:

1 . SRI MOHAMED ZULFIKAR ALI
    S/O MOHAMMED YKUBAI
    AGED ABOUT 49 YEARS,
    R/AT SATHNUR VILLAGE
    BAGALUR POST
    BENGALURU NORTH OFFICE
                          2




   VASANTHNAGAR.

2 . SMT. KOMALA KRISHNAMURTHY
    W/O C S KRISHNAMURTHY
    MAJOR.

3 . SRI C K VINAY
    S/O C S KRISHNAMURTHY
    MAJOR


4 . MS. C K ANURADHA
    D/O C S KRISHNAMURTHY
    MAJOR

   RESPONDENT NOs.2 TO 4 ARE
   R/AT No.3367/J, 13TH MAIN ROAD
   HAL II STAGE, INDIRANAGAR
   BENGALURU - 560 038.

                                       ...RESPONDENTS

    THIS   REGULAR   FIRST   APPEAL   IS   FILED   UNDER
SEC.96 OF CPC., 1908, AGAINST THE JUDGMENT AND
DECREE DATED:28.10.2017 PASSED IN OS.No.197/2006
ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE
AND JMFC., CHICKBALLAPUR, DISMISSING THE SUIT FOR
SPECIFIC PERFORMANCE.


    THIS APPEAL COMING ON FOR ORDERS THIS DAY,
G. NARENDAR J, DELIVERED THE FOLLOWING;
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                       JUDGMENT

This Court by order dated 29.03.2021 had noted

demise of the sole appellant and granted two weeks' time

to take necessary steps, but no steps were taken to bring

the legal representatives of the sole appellant on record.

The matter was again re-listed on 29.07.2021 and yet again

on 29.07.2021 two weeks' time was granted as a final

chance. Nothing has been done till today.

2. Today again the counsel for appellant prays two

weeks' time to bring on record the legal representatives of

the sole appellant. We do not find any justifiable ground to

grant any further extension of time. Matter has been

pending almost for a year now. Despite the legal

representatives being aware of their rights they have taken

no steps to further prosecute the appeal. Hence, the

appeal having abated stands dismissed as abated.

3. If steps are taken within 2 weeks to bring the

legal representatives of the sole appellant on record, it is

open for the legal representatives of the sole appellant to

seek for recall of this order.

Sd/-

JUDGE

Sd/-

JUDGE SBS*