Ms Chinthayamma vs Mr Barkathulla
2023 Latest Caselaw 2921 Kant

                                               -1-
                                                       NC: 2023:KHC:19089
                                                         RFA No. 1338 of 2014




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 6TH DAY OF JUNE, 2023

                                              BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                         REGULAR FIRST APPEAL NO. 1338 OF 2014 (SP)
                   BETWEEN:

                   1.    MS CHINTHAYAMMA
                         DEAD BY HER LR'S

                   1(a) T. KIRAN KUMAR
                        S/O LATE CHINTHAYAMMA
                        AGED ABOUT 32 YEARS

                   1(b) MRS. ASHWINI
                       D/O LATE CHINTHAYAMMA
                       AGED ABOUT 26 YEARS

                         BOTH ARE R/AT NO.14
                         20TH CROSS, SAGAYAPURAM
                         GIDAPPA BLOCK
                         OPP COCOUNT GARDEN
                         BANGALORE-560 005.
Digitally signed
by
DHANALAKSHMI       2.    MS LAKSHMI
MURTHY                   D/O LATE MUNIYAPPA
Location: High           @ MUNISWAMAPPA
Court of                 AGED 45 YEARS
Karnataka
                   3.    MS BHARATHI
                         D/O LATE MUNIYAPPA @ MUNISWAMAPPA,
                         AGED 39 YEARS.

                   4.    MR. LOKESH
                         S/O LATE MUNIYAPPA @ MUNISWAMAPPA,
                         AGED 35 YEARS
                             -2-
                                   NC: 2023:KHC:19089
                                      RFA No. 1338 of 2014




5.   MR.MUNIRAJ
     S/O LATE MUNIYAPPA
     @ MUNISWAMAPPA,
     AGED 33 YEARS

     APPELLANT Nos. 2 TO 5 ARE R/AT
     NO.14, GIDDAPPA BLOCK
     BSA ROAD, B LINE
     BANGALORE-560 005.
                                             ...APPELLANTS
(BY SRI. AJIT P B & THONTADHARYA R K.,ADVOCATE)

AND:

MR BARKATHULLA
S/O LATE P.MOHAMMED YAHIA KURESHIA
AGED ABOUT 65 YEARS
R/A NO.13, "E", NO.5TH STREET
ULSOOR, BANGALORE-560 008.
                                            ...RESPONDENT
(BY SRI. SHANKAR REDDY C., ADVOCATE)

     THIS RFA IS FILED UNDER SECTION 96 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED:7.06.2014
PASSED IN O.S.5954/1999 ON THE FILE OF THE XI-ADDL. CITY
CIVIL JUDGE, BENGALURU CITY, DECREEING THE SUIT FOR
SPECIFIC PERFORMANCE.

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

Learned counsel for the respondent has filed a memo

dated 30.07.2021 stating that the sold respondent died on

30.04.2021. So far, no steps have been taken to bring the

legal representatives of deceased respondent on record.

NC: 2023:KHC:19089 RFA No. 1338 of 2014

Memo is taken on record.

Hence, the appeal is dismissed as abated.

In view of disposal of the main appeal, I.A.No.4/2018

does not survive for consideration. Hence, the same are

also disposed of.

Sd/-

JUDGE

HA