M/S. Lepakshi Finance Corporation vs Sri.V.Dheerendra Rao
2024 Latest Caselaw 19907 Kant

Karnataka High Court

M/S. Lepakshi Finance Corporation vs Sri.V.Dheerendra Rao on 7 August, 2024

Author: V Srishananda

Bench: V Srishananda

                                      -1-
                                                   NC: 2024:KHC:31736
                                                   RFA No. 70 of 2015




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 7TH DAY OF AUGUST, 2024

                                    BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
                   REGULAR FIRST APPEAL NO. 70 OF 2015 (RES)
            BETWEEN:

            M/S. LEPAKSHI FINANCE CORPORATION,
            NO.1522, 'LEPAKSHI',
            9TH MAIN, II STAGE, RAJAJINAGARA,
            BANGALORE - 560 010.
            REPRESENTED BY ITS
            MANAGER/PARTNER
            SRI. L.K.RAJU,
            S/O LATE B.V.MUNIRAJU.
                                                         ...APPELLANT
            (BY SRI. MANOJ ARADHYA, ADVOCATE FOR
                SRI.ANIL KUMAR R., ADVOCATE)

            AND:


Digitally   SRI.V.DHEERENDRA RAO,
signed by   AGED ABOUT 61 YEARS,
MALATESH    S/O LATE R. VIJAYENDRA RAO,
KC
            R/AT NO.3809, 6TH CROSS,
Location:
HIGH        B BLOCK, GAYATHRINAGAR,
COURT OF    BANGALORE - 560 021.
KARNATAKA
                                                       ...RESPONDENT
            (BY SRI.N.G.SREEDHAR, ADVOCATE;
                RESPONDENT - DEAD)

                 THIS RFA IS FILED U/SEC 96 OF CPC, PRAYING TO CALL
            FOR THE RELEVANT RECORDS AND SET-ASIDE THE JUDGMENT
            AND DECREE DATED 31.1.2014 PASSED BY THE LEARNED XIV
            ADDITIONAL CITY CIVIL JUDGE, CCH-28, BANGALORE, IN
                                   -2-
                                            NC: 2024:KHC:31736
                                            RFA No. 70 of 2015




O.S.7462/2007 IN SO FAR AS THE FINDING AT PARA-18 OF
THE JUDGMENT AND DECREE HOLDING THAT THE APPELLANT
HAS NOT ENTITLED FOR ANY RELIEF AND APPELLANT WAS
NOT READY AND WILLING TO PERFORM HIS PART OF THE
CONTRACT BY NOT CALLING UPON THE RESPONDENT TO
EXECUTE THE SALE DEED AND FURTHER HOLDING THAT THE
RESPONDENT CAN SEEK FOR POSSESSION, BY ALLOWING
THIS APPEAL AND GRANT SUCH OTHER RELIEF OR RELIEFS AS
THIS HON'BLE COURT DEEMS FIT UNDER THE FACTS AND
CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE
AND EQUITY.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM:      HON'BLE MR JUSTICE V SRISHANANDA

                               ORAL ORDER

Learned counsel Sri Manoj Aradhya on behalf of Sri Anil

Kumar R., appearing for the appellant submits that despite best

efforts, the appellant is not co-operating in getting the legal

representatives of deceased sole respondent on record.

2. Appeal is of the year 2015 and the sole respondent

is said to have been died.

3. Accordingly, for want of taking necessary steps,

appeal stands dismissed as abated.

Sd/-

(V SRISHANANDA) JUDGE

PN