Sri Munishamappa @ Pete Munishamappa vs M Nateshan Since Dead By Lrs
2023 Latest Caselaw 9685 Kant

Karnataka High Court

Sri Munishamappa @ Pete Munishamappa vs M Nateshan Since Dead By Lrs on 7 December, 2023

Author: V Srishananda

Bench: V Srishananda

                                         -1-
                                                    NC: 2023:KHC:44523
                                                 RFA No. 1994 of 2006




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 7TH DAY OF DECEMBER, 2023

                                      BEFORE
                      THE HON'BLE MR JUSTICE V SRISHANANDA

                     REGULAR FIRST APPEAL NO.1994 OF 2006 (SP)

              BETWEEN:

              1.     SRI MUNISHAMAPPA
                     @ PETE MUNISHAMAPPA
                     SINCE DEAD BY LEGAL REPRESENTATIVES

              1(a) SMT.SHANTHAMMA
                   D/O LATE MUNISHAMAPPA
                   @ PETE MUNISHAMAPPA
                   AGED ABOUT 46 YEARS

              1(b) SRI LAKSHMANNA
                   D/O LATE MUNISHAMAPPA
                   @ PETE MUNISHAMAPPA
                   AGED ABOUT 40 YEARS

Digitally     1(c) SMT.KALAVATHI
signed by R        D/O LATE MUNISHAMAPPA
MANJUNATHA
Location:
                   @ PETE MUNISHAMAPPA
HIGH COURT         AGED ABOUT 38 YEARS
OF
KARNATAKA
                     ALL ARE RESIDING AT
                     NO.356, 6TH CROSS, 2ND MAIN
                     BYRAVESWARA LAYOUT, HENNUR BANDE
                     BENGALURU - 560 043

              2.     SRI RAVIKUMAR
                     S/O LATE MUNISHAMAPPA @ PETE MUNISHAMAPPA
                     AGED ABOUT 31 YEARS
                     RESIDING AT ANTHARAHALLI VILLAGE
                     THUBUGERE HOBLI,
                              -2-
                                     NC: 2023:KHC:44523
                                   RFA No. 1994 of 2006




       DODABALLAPURA
       BANGALORE RURAL DISTRICT
                                      ...APPELLANTS
(BY SRI M.B.SHANKARE GOWDA, ADVOCATE FOR A2 AND
ALSO FOR LEGAL REPRESENTATIVES OF A1)

AND:

     M NATESHAN
     SINCE DEAD BY LRS

1.   SMT KANTHAMMA
     W/O LATE NATESHAN
     AGED ABOUT 48 YEARS,

2.   SRI VENKATESH
     S/O LATE NATESHAN
     AGED ABOUT 29 YEARS

3.   SRI RAMESH
     S/O LATE NATESHAN
     AGED ABOUT 24 YEARS,

     ALL ARE RESIDING AT
     NO.177/188/1, ELIKERE
     KALYANANAGARA,
     BENGALURU -560 043
                                        ...RESPONDENTS
(BY SRI SURESH D. DESHPANDE, ADVOCATE FOR R1-R3)

     THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 OF CIVIL PROCEDURE CODE AGAINST THE JUDGMENT AND
DECREE DATED 24.07.2006 PASSED IN O.S.NO.267/2002
(OLD NO.3/2001) ON THE FILE OF THE CIVIL JUDGE (SR.DN)
DODDABALLAPUR, DECREEING THE SUIT FOR SPECIFIC
PERFORMANCE.

    THIS REGULAR FIRST APPEAL, COMING ON FOR
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
                                -3-
                                           NC: 2023:KHC:44523
                                         RFA No. 1994 of 2006




                              ORDER

Sri M.B. Shankaregowda is present, when the case was

called for the fourth time.

Despite repeatedly telling him to proceed with the

arguments of the case, he refuses to argue the matter.

Accordingly, appeal stands dismissed for non prosecution.

Sd/-

JUDGE

MR