Mr H A Kumar vs Mr B Narayana Reddy
2023 Latest Caselaw 3348 Kant

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                                                    NC: 2023:KHC:20565
                                                        RFA No. 1056 of 2008




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 15TH DAY OF JUNE, 2023

                                          BEFORE
                      THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                       REGULAR FIRST APPEAL NO. 1056 OF 2008 (SP)
                   BETWEEN:

                   MR H A KUMAR
                   S/O. LATE H ANANTARAMAIAH
                   AGED ABOUT 68 YEARS
                   R/AT NO.36, 15TH CROSS
                   17TH MAIN, J P NAGAR 5TH PHASE
                   BANGALORE - 560078.
                                                                ...APPELLANT
                   (BY SMT. ANUSHA DEVI, ADVOCATE AND
                       SRI. ADITYA NARAYAN, ADVOCATE)
                   AND:

                   MR B NARAYANA REDDY
                   S/O. SRI BASAPPA REDDY
                   AGED ABOUT 53 YEARS
Digitally signed
by                 HINDU, R/AT NO.12,Y V ANNAIAH ROAD
DHANALAKSHMI       YELECHANAHALLI, J P NAGAR POST
MURTHY
Location: High     BANGALORE - 560078.
Court of                                                      ...RESPONDENT
Karnataka
                   (BY SRI. Y. V PRAKASH, ADVOCATE FOR
                       SRI. Y K NARAYANA SHARMA .,ADVOCATE)
                        THIS RFA IS FILED UNDER ORDER XLI RULE 1 R/W
                   SEC.96 OF CPC AGAINST THE JUDGEMENT AND DECREE
                   DATED 11.04.2008 PASSED IN OS.NO.9461/1998 ON THE FILE
                   OF THE VII ADDL.CITY CIVIL JUDGE, BANGALORE, CCH.NO.19,
                   ORDERING THAT, THE DEFENDANT/RESPONDENT HEREIN
                   SHALL PAY A SUM OF RS.25,000/- WITH PROPORTIONATE
                   COST OF THE SUIT TOGETHER WITH INTEREST AT THE RATE
                   OF 6% PER ANNUM FROM THE DATE OF THE SUIT TILL
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                                  NC: 2023:KHC:20565
                                     RFA No. 1056 of 2008




REALIZATION. FURTHER,    DISMISSING THE SUIT OF THE
PLAINTIFF/APPELLANT HEREIN FOR SPECIFIC PERFORMANCE
OF CONTRACT.

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

Learned counsel for the respondent has filed a memo

dated 16.12.2022 stating that the sole respondent is dead

on 20.03.2022. So far, no steps have been taken to bring

the legal representatives of deceased respondent on

record.

Memo is taken on record.

Hence, the appeal is dismissed as abated.

Sd/-

JUDGE

HA