Mr Ramesh Kumar vs Mr N Narayana
2022 Latest Caselaw 11184 Kant

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 28TH DAY OF JULY, 2022

                        BEFORE

       THE HON'BLE MR. JUSTICE V. SRISHANANDA

     REGULAR FIRST APPEAL NO.1086 OF 2012 (SP)

BETWEEN:

1.     MR. RAMESH KUMAR
       S/O UTSAVLAL
       AGED ABOUT 43 YEARS
       R/AT NO.100/8, BULL TEMPLE ROAD
       NEAR SHANKARPURAM TELEPHONE EXCHANGE
       K G NAGAR,
       BANGALORE-560019

2.     MR. SURESH KUMAR
       S/O UTSAVLAL
       AGED ABOUT 40 YEARS
       R/AT NO.100/8, BULL TEMPLE ROAD
       NEAR SHANKARPURAM TELEPHONE EXCHANGE
       K G NAGAR,
       BANGALORE-560019

3.    MR. MUKESH KUMAR
      S/O UTSAVLAL
      AGED ABOUT 38 YEARS
      R/AT NO.100/8, BULL TEMPLE ROAD
      NEAR SHANKARPURAM TELEPHONE EXCHANGE
      K G NAGAR,
      BANGALORE-560019
                                       ...APPELLANTS
(BY SRI P D SURANA, ADVOCATE)
                             2


AND:

1.     MR. N NARAYANA
       S/O LATE NARASIMHAIAH
       AGED ABOUT 64 YEARS
       R/AT NO.23, 14TH MAIN, BYRASANDRA,
       UTTARAHALLI HOBLI
       BANGALORE SOUTH TALUK-560098
       AND ALSO REPRESENTED BY GPA HOLDER
       MR. UTSAVLAL BAGRECHA,
       MAJOR BY AGE,
       NO.314, AVENUE ROAD,
       BANGALORE.

2.     MR. N NAGARAJA
       S/O LATE NARASIMHAIAH
       AGED ABOUT 62 YEARS
       R/AT NO.23, 14TH MAIN, BYRASANDRA,
       UTTARAHALLI HOBLI
       BANGALORE SOUTH TALUK-560098
       AND ALSO REPRESENTED BY GPA HOLDER
       MR. UTSAVLAL BAGRECHA,
       MAJOR BY AGE,
       NO.314, AVENUE ROAD,
       BANGALORE.

3.     MR. N RAMAIAH
       S/O LATE NARASIMHAIAH
       AGED ABOUT 60 YEARS
       R/AT NO.23, 14TH MAIN, BYRASANDRA,
       UTTARAHALLI HOBLI
       BANGALORE SOUTH TALUK-560098
       AND ALSO REPRESENTED BY GPA HOLDER
       MR. UTSAVLAL BAGRECHA,
       MAJOR BY AGE,
       NO.314, AVENUE ROAD,
       BANGALORE.

4.     MR. N SRINIVASA
       S/O LATE NARASIMHAIAH
       AGED ABOUT 58 YEARS
       R/AT NO.23, 14TH MAIN, BYRASANDRA,
       UTTARAHALLI HOBLI
                          3


     BANGALORE SOUTH TALUK-560098
     AND ALSO REPRESENTED BY GPA HOLDER
     MR. UTSAVLAL BAGRECHA,
     MAJOR BY AGE,
     NO.314, AVENUE ROAD,
     BANGALORE.

5.   MR. N ANAND
     S/O LATE NARASIMHAIAH
     AGED ABOUT 56 YEARS
     R/AT NO.23, 14TH MAIN, BYRASANDRA,
     UTTARAHALLI HOBLI
     BANGALORE SOUTH TALUK-560098
     AND ALSO REPRESENTED BY GPA HOLDER
     MR. UTSAVLAL BAGRECHA,
     MAJOR BY AGE,
     NO.314, AVENUE ROAD,
     BANGALORE.

6.   MR. N GIRI
     S/O LATE NARASIMHAIAH
     AGED ABOUT 54 YEARS
     R/AT NO.23, 14TH MAIN, BYRASANDRA,
     UTTARAHALLI HOBLI
     BANGALORE SOUTH TALUK-560098
     AND ALSO REPRESENTED BY GPA HOLDER
     MR. UTSAVLAL BAGRECHA,
     MAJOR BY AGE,
     NO.314, AVENUE ROAD,
     BANGALORE.

7.   MR. N RUDRAPPA
     S/O LATE NARASIMHAIAH
     AGED ABOUT 52 YEARS
     R/AT NO.23, 14TH MAIN, BYRASANDRA,
     UTTARAHALLI HOBLI
     BANGALORE SOUTH TALUK-560098
     AND ALSO REPRESENTED BY GPA HOLDER
     MR. UTSAVLAL BAGRECHA,
     MAJOR BY AGE,
     NO.314, AVENUE ROAD,
     BANGALORE.
                            4


8.   MR. R KRISHNAPPA
     S/O LATE RAMASWAMY
     AGED ABOUT 60 YEARS
     R/AT NO.23, 14TH MAIN, BYRASANDRA,
     UTTARAHALLI HOBLI
     BANGALORE SOUTH TALUK-560098
     AND ALSO REPRESENTED BY GPA HOLDER
     MR. UTSAVLAL BAGRECHA,
     MAJOR BY AGE,
     NO.314, AVENUE ROAD,
     BANGALORE.

9.   MR. PAPAIAH
     S/O LATE RAMASWAMY
     AGED ABOUT 58 YEARS
     R/AT NO.23, 14TH MAIN, BYRASANDRA,
     UTTARAHALLI HOBLI
     BANGALORE SOUTH TALUK-560098
     AND ALSO REPRESENTED BY GPA HOLDER
     MR. UTSAVLAL BAGRECHA,
     MAJOR BY AGE,
     NO.314, AVENUE ROAD,
     BANGALORE.
                                       .....RESPONDENTS

(BY SRI. M R RAJAGOPAL FOR R1 TO R3, ADVOCATE,
SRI H.N.BASAVARAJU, ADVOCATE FOR R5 TO R9,
vide order dated 30.09.2021
notice to R4 is held sufficient)

     THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 OF CPC, 1908 AGAINST THE JUDGEMENT AND DECREE
DATED 27.2.2012 PASSED IN O.S.NO.868/2000 ON THE FILE
OF XXV ADDITIONAL CITY CIVIL & SESSIONS JUDGE,
BANGALORE, DISMISSING THE SUIT FILED FOR SPECIFIC
PERFORMANCE, POSSESSION AND PERMANENT INJUNCTION.

      THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS
THIS DAY, THE COURT DELIVERED THE FOLLOWING:
                             5


                      JUDGMENT

Paper books not filed. Hence, the appeal is

dismissed for non-prosecution.

Sd/-

JUDGE

mv