Sri K Prasanna Kumar Shetty vs Sri Marigowda
2024 Latest Caselaw 12374 Kant

Karnataka High Court

Sri K Prasanna Kumar Shetty vs Sri Marigowda on 4 June, 2024

Author: Krishna S Dixit

Bench: Krishna S Dixit

                                              -1-
                                                       NC: 2024:KHC:18915-DB
                                                           RFA No. 486 of 2013



                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 4TH DAY OF JUNE, 2024

                                           PRESENT

                           THE HON'BLE MR JUSTICE KRISHNA S DIXIT

                                              AND

                        THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR

                          REGULAR FIRST APPEAL NO. 486 OF 2013 (SP)

                   BETWEEN:

                   SRI. K. PRASANNA KUMAR SHETTY,
                   S/O SRI. LAKSHMANA SHETTY,
                   AGED ABOUT 59 YEARS,
                   RESIDING AT NO.416 A,
                   STERLING APARTMENT,
                   SAHAKARANAGARA,
                   BANGALORE-560 092.
                                                                  ...APPELLANT

                   (BY SRI. PAVANA CHANDRA SHETTY H.,ADVOCATE)

                   AND:
Digitally signed
by CHETAN B        1.    SRI. MARIGOWDA,
C
                         S/O KADE GOWDA,
Location: HIGH
COURT OF                 AGED ABOUT 71 YEARS,
KARNATAKA                RESIDING AT HEREHALLI B COLONY,
                         KOTHANAHALLI, H.D. KOTE TALUK,
                         MYSORE DISTRICT - 571 114.

                   2.    SRI. HATHE GOWDA,
                         S/O KADE GOWDA,
                         AGED ABOUT 69 YEARS,
                         RESIDING AT HEREHALLI B COLONY,
                         KOTHANAHALLI, H.D. KOTE TALUK,
                         MYSORE DISTRICT - 571 114.
                              -2-
                                         NC: 2024:KHC:18915-DB
                                          RFA No. 486 of 2013



3.   SMT. PUTTATHAYAMMA,
     W/O LATE PUTTEGOWDA,
     AGED ABOUT 52 YEARS,

4.   SRI. THAMMANNE GOWDA,
     S/O LATE PUTTEGOWDA,
     AGED ABOUT 41 YEARS,

5.   SRI. BYRE GOWDA,
     S/O LATE PUTTEGOWDA,
     AGED ABOUT 34 YEARS,

6.   SRI. NAGARAJU,
     S/O LATE PUTTE GOWDA,
     AGED ABOUT 30 YEARS,

7.   SMT. PARVATHI,
     D/O LATE PUTTE GOWDA,
     AGED ABOUT 36 YEARS,

     RESPONDENTS NO.3 TO 7 ARE
     RESIDING AT HOLLIHOLALU VILLAGE,
     KASABA HOBLI, H.D. KOTE TALUK,
     MYSORE DISTRICT -571 114.
                                               ...RESPONDENTS

(R1 TO R4 ARE SERVED AND UNREPRESENTED)

      THIS RFA FILED UNDER ORDER XLI RULE 1, R/W
SECTION 96 OF CPC, AGAINST THE JUDGEMENT AND DECREE
DT 7.1.13 PASSED IN O.S.NO.259/2006 ON THE FILE OF
SENIOR CIVIL JUDGE & JMFC, HUNSUR, PARTLY DECREEING
THE SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT.


      THIS   RFA   COMING   ON     FOR   ORDERS,   THIS   DAY,
KRISHNA S DIXIT.J., DELIVERED THE FOLLOWING:
                                  -3-
                                             NC: 2024:KHC:18915-DB
                                              RFA No. 486 of 2013




                          JUDGMENT

This appeal abates by operation of law since

respondent Nos.3 & 4 have died much before three

months reckoned from this day and the cause of action for

the appeal being indivisible, regardless of compliance of

the direction to the respondents to make deposit of

Rs.3,00,000/- along with interest vide orders dated

28.11.2022 & 06.01.2023.

Sd/-

JUDGE

Sd/-

JUDGE

cbc