Smt M Poornima M Shah vs Smt Gangamma Since Dead By Her Lrs
2023 Latest Caselaw 10170 Kant

Karnataka High Court

Smt M Poornima M Shah vs Smt Gangamma Since Dead By Her Lrs on 11 December, 2023

Author: V. Srishananda

Bench: V. Srishananda

                                             -1-
                                                     NC: 2023:KHC:44856
                                                   RFA No. 1033 of 2007




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                     DATED THIS THE 11TH DAY OF DECEMBER, 2023
                                       BEFORE
                      THE HON'BLE MR. JUSTICE V. SRISHANANDA
                     REGULAR FIRST APPEAL NO.1033 OF 2007 (SP)
              BETWEEN:

              1.    SMT. M. POORNIMA M. SHAH
                    W/O MANISH C. SHAH
                    AGED ABOUT 42 YEARS
                    R/OF NO.228, 68TH CROSS
                    5TH BLOCK, RAJAJINAGAR
                    BAGNALROE-560 010.
Digitally
signed by R   2.    SRI. MANISH C. SHAH
MANJUNATHA
                    S/O CHAMANLAL H. SHAH
Location:
HIGH COURT          AGED ABOUT 52 YEARS
OF                  R/OF NO.228, 68TH CROSS
KARNATAKA
                    5TH BLOCK, RAJAJINAGAR
                    BAGNALROE-560 010.
                                                          ...APPELLANTS
              (A1 AND A2 ABSENT)
              AND:

              1.    SMT. GANGAMMA
                    SINCE DEAD BY HER LRS.

              a)    SRI. PARAMASHIVAIAH
                    S/O LATE GUARD SIDDALINGAIAH
                    AGED 51 YEARS, OCC:PEON
                    VIDHANA SOUDHA, BANGALORE-560 001.

              b)    SRI. PANCHAKSHARI
                    S/O LATE GUARD SIDDALINGAIAH
                    AGED 46 YEARS
                    R/O HULIKERE VILLAGE
                    DODDABALLAPURA TQ-561228.
                            -2-
                                       NC: 2023:KHC:44856
                                     RFA No. 1033 of 2007




c)   SRI. ADAVISHAIAH
     S/O LATE GUARD SIDDALINGAIAH
     AGED ABOUT 41 YEARS
     R/O HULIKERE VILLAGE
     DODDABALLAPUR TQ-561228.

d)   SRI. SHIVAKUMAR
     S/O LATE GUARD SIDDALINGAIAH
     AGED ABOUT 36 YEARS
     NO.6, LAKSHMINARAYANANAGAR
     RMV II STAGE, MLA LAYOUT
     SANJAYANAGAR, BANGALORE-560 094.

e)   SRI. MRUTHYUNJAYA
     S/O LATE GUARD SIDDALINGAIAH
     AGED 34 YEARS
     R/O HULIKERE VILLAGE
     DODDABALLAPUR TQ-561228.

f)   SMT. SIDDAGANGAMMA
     W/O SRI. CHANNAPPA
     D/O LATE GANGAMMA
     MAJOR, R/AT 2ND MAIN, 6TH CROSS
     HOUSING BOARD, BANGALORE-560 064.

g)   SMT. GOWRAMMA
     D/O LATE GANGAMMA
     W/O SRI. MALLIKARJUNAIAH
     MAJOR, R/AT 16TH CROSS
     KENKEREPALYA, BANGALORE-560022.

                                          ...RESPONDENTS
(BY SRI. NINGE GOWDA, ADV., FOR C/R1 (a to e & g)
V/O DTD:19.04.2021 APPEAL IS DISMISSED AS
ABATED AGAINST R1 (f))

     THIS RFA IS FILED U/S 96 OF CPC AGAINST THE
JUDGMENT AND DECREE DATED 10.10.2006 PASSED IN
OS.NO.65/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.)
DODDABALLAPUR, DISMISSING THE SUIT FOR SPECIFIC
PERFORMANCE OF CONTRACT.
                                   -3-
                                                   NC: 2023:KHC:44856
                                                 RFA No. 1033 of 2007




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

                              JUDGMENT

Court notice issued to appellant Nos.1 and 2 returned

with an endorsement 'service held sufficient'.

2. Earlier, the appellants were represented by learned

counsel Sri.Jose Sabastian who filed memo of retirement. The

same was accepted.

3. By abundant caution, this Court issued Court notice.

Despite Court notice being issued, the appellants have not

chosen to appear and address their arguments.

Accordingly, the appeal stands dismissed for non-

prosecution.

Sd/-

JUDGE

RV