Sri Karagol Virupakshappa S/O ... vs Sri Virupapurada Rudrappa
2022 Latest Caselaw 12468 Kant

                                                        -1-




                                                                   RFA No. 1329 of 2006


                                         IN THE HIGH COURT OF KARNATAKA

                                                 DHARWAD BENCH

                                    DATED THIS THE 14TH DAY OF OCTOBER, 2022

                                                     BEFORE
                                        THE HON'BLE MR JUSTICE R.NATARAJ
                                    REGULAR FIRST APPEAL NO. 1329 OF 2006 (SP-)
                             BETWEEN:

                             1.   SRI KARAGOL VIRUPAKSHAPPA
                                  S/O LATE SIDDAPPA
                                  SINCE DECEASED BY HIS LRs

                                  1(a) VISHWANATH K.
                                       S/O KARAGOL VIRUPAKSHAPPA
                                       AGE:57 YEARS, OCC: AGRICULTURE
                                       R/O 3RD WARD, NEAR BASAVESHWARA TEMPLE,
                                       RAMASAGAR, HOSPET TALUK,
                                       BELLARY DISTRICT
                                                                          ...APPELLANT
                             (BY SRI. RAMESH I ZIRALI, ADVOCATE)

                             AND:

                             1.   SRI VIRAPURADA RUDRAPPA
          Digitally signed
          by J MAMATHA
                                  S/O LATE VIRAPURADA MAREPPA
J         Date:                   AGE: MAJOR, OCC:AGRICULTURE
MAMATHA   2022.10.18
          10:40:16
          +0530
                             2.   SRI VIRAPURADA SHIVAPPA
                                  S/O LATE VIRAPURADA MAREPPA
                                  AGE: MAJOR, CC:AGRICULTURE

                             3.   SRI VIRAPURADA SHEKHARAPPA
                                  S/O LATE VIRAPURADA MAREPPA
                                  AGE: MAJOR, OCC:AGRICULTURE

                             4.   SRI VIRAPURADA JAMBANNA
                                  S/O LATE VIRAPURADA MAREPPA
                                  AGE: MAJOR, OCC:AGRICULTURE
                               -2-




                                         RFA No. 1329 of 2006


     ALL ARE R/O 8TH WARD,
     BUKKASAGAR VILLAGE and POST
     HOSPET TALUK, BELLARY DIST.
                                      ...RESPONDENTS
(BY SRI. ASHOK R KALYANSHETTY, ADV. FOR R1, R2 AND R4,
    APPEAL AGAINST R3 DISMISSED)

     THIS RFA IS FILED U/S.96 OF CPC AGAINST THE
JUDGMENT AND DECREE DT.28.2.2006 PASSED IN
O.S.NO.44/04 ON THE FILE OF THE ADDL. CIVIL JUDGE
(SR.DN), HOSPET, DISMISSING THE SUIT FOR SPECIFIC
PERFORMANCE OF CONTRACT.

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

                         JUDGMENT

Despite grant of time on 16.09.2022 to take steps to

bring the legal representatives of respondent No.3 on record,

no steps are taken.

Hence, the appeal is disposed of as having abated.

(Sd/-) JUDGE

JM