Sri. Dasappa vs Sri A.S.Jayasimha
2025 Latest Caselaw 3252 Kant

Karnataka High Court

Sri. Dasappa vs Sri A.S.Jayasimha on 7 August, 2025

                                                       -1-
                                                               NC: 2025:KHC:30687
                                                              RFA No. 477 of 2021


                          HC-KAR




                               IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                   DATED THIS THE 7TH DAY OF AUGUST, 2025

                                                  BEFORE
                                    THE HON'BLE MR. JUSTICE S RACHAIAH
                                 REGULAR FIRST APPEAL NO. 477 OF 2021 (SP)
                          BETWEEN:

                                SRI. DASAPPA
                                DEAD BY LRS

                          1.    SRI RAMAKRISHNAPPA
                                AGED ABOUT 54 YEARS,
                                S/O SRI. DASAPPA.

                          2.    SMT. RENUKA
                                AGED ABOUT 48 YEARS
                                W/O SRI RAMAKRISHNAPPA..

                          3.    SRI. GOVINDA
                                AGED ABOUT 51 YEARS,
                                S/O SRI DASAPPA.

                          4.    SMT. LAKSHAMAMMA
Digitally signed by             AGED ABOUT 49 YEARS,
SREEDHARAN BANGALORE
SUSHMA LAKSHMI                  D/O SRI. DASAPPA.
Location: High Court of
Karnataka
                          5.    SMT. KAMALAMMA
                                AGED ABOUT 47 YEARS,
                                D/O SRI DASAPPA.

                          6.    SMT. PREMA
                                AGED ABOUT 43 YEARS,
                                D/O SRI DASAPPA.

                          7.    SRI SHANKARA
                                AGED ABOUT 38 YEARS,
                                D/O SRI DASAPPA,
                             -2-
                                            NC: 2025:KHC:30687
                                           RFA No. 477 of 2021


HC-KAR




     ALL ARE RESIDENT OF
     O.C. CHOODANAHALLI VILLAGE,
     UDAYPURA POST
     UTTARAHALLI HOBLI,
     BENGALURU SOUTH - 560 007
     BENGALURU URBAN DISTRICT - 560 064.
                                         ...APPELLANTS
(BY SRI. SUBRAHMANYA HEGDE., ADVOCATE FOR A2 TO A7)

AND:

1.   SRI. A.S.JAYASIMHA
     AGED ABOUT 68 YEARS,
     S/O SRI A S PRAHALADA RAO,
     NO. 612, 2ND CROSS, 2ND BLOCK,
     7TH BLOCK, BANASHANKARI
     3RD STAGE, BENGALURU

     NOW R/AT NO. 352, 41ST CROSS,
     SRI RANGAVITTAIA NILAYA
     8TH BLOCK, JAYANAGAR
     BENGALURU - 560 082.
                                        ...RESPONDENT
(BY SRI. M S RAGHAVENDRA PRASAD., ADVOCATE)

       THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST
THE JUDGMENT AND DECREE DATED 18.07.2009 PASSED IN
OS.No.1847/2006 ON THE FILE OF THE I ADDITIONAL CIVIL
JUDGE (SR.DVN), BANGALORE RURAL DISTRICT, BANGALORE,
DECREEING    THE   SUIT   FOR   SPECIFIC    PERFORMANCE    OF
CONTRACT AND PERMANENT INJUNCTION.


       THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM:    HON'BLE MR. JUSTICE S RACHAIAH
                                    -3-
                                                    NC: 2025:KHC:30687
                                                 RFA No. 477 of 2021


HC-KAR




                          ORAL JUDGMENT

1. Heard on I.A.No.1/2021 filed for seeking condonation

of delay of 3812 days in preferring the appeal.

2. Perused the averments made in the affidavit

accompanying application. Being not satisfied with the reasons

assigned in the affidavit, I.A.No.1/2021 is rejected.

Consequently, the appeal stands dismissed.

Sd/-

(S RACHAIAH) JUDGE

JS