Sri H S Shanakara Sharma vs Shri H S Ravi Sharma
2023 Latest Caselaw 6362 Kant

                                         -1-
                                                 NC: 2023:KHC:32223
                                               RFA No. 1175 of 2007




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 7TH DAY OF SEPTEMBER, 2023

                                     BEFORE

                    THE HON'BLE MR JUSTICE V SRISHANANDA

                   REGULAR FIRST APPEAL NO.1175 OF 2007 (SP)


            BETWEEN:

            SRI H.S. SHANAKARA SHARMA,
            S/O LATE H. SEETHARAMAIAH,
            AGED 68 YEARS,
            82, CHETHANA, S. B.M. COLONY,
            ANANDANAGAR,
            BANGALORE - 560 024
                                                        ...APPELLANT

            (BY SRI M.S.CHANDRASHEKAR BABU, ADVOCATE)

            AND:

            1.    SHRI. H.S. RAVI SHARMA,
                  S/O LATE H. SEETHARAMAIAH,
Digitally
signed by         AGED ABOUT 66 YEARS
MALATESH          NO. 97, GROUND FLOOR,
KC
                  KHB COLONY,
Location:
HIGH              MAGADI CHORD ROAD,
COURT OF          VIJAYANAGAR,
KARNATAKA
                  BANGALORE - 560 040.

            2.    SRI. J. MARIAYAPPA
                  S/O. SRI. JOSEPH,
                  NO. 10, III MAIN,
                  KALYANANAGAR,
                  MUDALAPALYA,
                  VIJAYANAGAR,
                  BANGALORE - 560 072.
                              -2-
                                         NC: 2023:KHC:32223
                                       RFA No. 1175 of 2007




3.   SMT GEETHA XAVIER
     W/O BASTIN XAVIER
     MAJOR,
     R/AT NO. 28,
     MANIKAM BUILDINGS,
     S.C. ROAD,
     YESHWANTHAPURA
     BANGALORE - 560 002

4.   SRI. N. SHANKARALINGAPPA
     S/O LATE NANJUNDAIAH,
     MAJOR, R/O KODIHALLI VILLAGE,
     TIPTUR TALUK- 572 201
     TUMKUR DISTRICT.

                                             ...RESPONDENTS

(BY SRI. K S RAMESH AND SRI R. VIJAYA KUMAR, ADVOCATES
     FOR R1; V/O DATED 01.03.2011 SERVICE OF NOTICE TO
     R2 TO R4 HELD SUFFICIENT)

     THIS RFA FILED IS U/S 96 R/W ORDER 41 RULE 1 OF
CPC AGAINST THE JUDGEMENT AND DECREE DT.25.01.2007
PASSED IN OS.NO.137/1995 ON THE FILE OF THE VII
ADDL.CITY CIVIL JUDGE, BANGALORE, CCH-19, DECREEING
THE SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT.

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

                        JUDGMENT

Office objections are complied with.

I.A.No.1/2023 is not in a proper form. I.A.Nos.2 and

3 of 2023 are filed for setting aside abatement and for

bringing the L.Rs of deceased appellant on record. Since,

NC: 2023:KHC:32223 RFA No. 1175 of 2007

I.A.No.1/2023 itself is not in a proper form, I.A.Nos.1, 2

and 3 of 2023 are rejected. Consequently, appeal is also

dismissed as abated.

Sd/-

JUDGE

PB