Ramanalal S/O. Manamal Jain vs Mohanalal S/O. Agarachand Bhandari
2025 Latest Caselaw 5718 Kant

Citation : 2025 Latest Caselaw 5718 Kant
Judgement Date : 18 August, 2025

Karnataka High Court

Ramanalal S/O. Manamal Jain vs Mohanalal S/O. Agarachand Bhandari on 18 August, 2025

Author: S.R. Krishna Kumar

Bench: S.R. Krishna Kumar

                                                -1-
                                                        NC: 2025:KHC-D:10347-DB
                                                        RFA No. 100100 of 2014


                    HC-KAR


                        IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                               DATED THIS THE 18TH DAY OF AUGUST 2025
                                              PRESENT
                             THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR
                                                AND
                               THE HON'BLE MR. JUSTICE C.M. POONACHA
                          REGULAR FIRST APPEAL NO. 100100 OF 2014 (SP)


                   BETWEEN:

                   RAMANALAL S/O. MANAMAL JAIN
                   AGE: 51 YEARS, OCC: AGRICULTURE
                   AND BUSINESS, R/O. RANEBENNUR,
                   DIST: HAVERI-581115.
                                                                      ...APPELLANT
                   (BY SRI. KINI N.S. AND SRI. G.S.BHAT, ADVOCATES)


                   AND:

                   1.   MOHANALAL S/O. AGARACHAND BHANDARI
                        AGE: 63 YEARS, OCC: ENGINEER,
                        R/O. C-150, OBIRAYA GARDEN,
                        TAKOR VILLAGE, KHANDIVALI (E),
                        MUMBAI-400001.
Digitally signed
by VINAYAKA B      2.   SHA SOHANALAL
V
Location: HIGH          S/O. AGARACHAND BHANDARI,
COURT OF
KARNATAKA               AGE: 58 YEARS, OCC: BUSINESS,
DHARWAD                 C/O. BHANDARI CAPITAL AND
BENCH
Date:                   FINANCE PRIVATE CO.
2025.08.20
12:18:54 +0530          H.6-15-35, BALLAGROOTTU,
                        LIC COLONY, BHORIVALLI,
                        MUMBAI-400091.

                   3.   SHA MADANALAL
                        S/O. AGARACHAND BHANDARI,
                        AGE: 56 YEARS, OCC: BUSINESS,
                        R/O. DOOR NO. 3915, 13A CROSS,
                        B.N.S.K. SECOND STAGE,
                        TYAGARAJ NAGAR, MAIN ROAD,
                        TYAGARAJ POLICE STATION BACK SIDE,
                        SELVARE STAR MOTARS NEAR,
                                 -2-
                                      NC: 2025:KHC-D:10347-DB
                                      RFA No. 100100 of 2014


 HC-KAR


     BANGALORE-560002.

4.   SHA SUDHANALAL
     S/O. AGARACHAND BHANDARI,
     AGE: 55 YEARS, OCC: BUSINESS,
     R/O. C/O. AGARACHAND BHANDARI,
     2657, AADITHYA 17TH CROSS,
     8TH MAIN ROAD, BANASHANKARI,
     SECOND STAGE, BANGALORE-560002.

5.   SHA ASHOK KUMARL
     S/O. AGARACHAND BHANDARI,
     AGE: 54 YEARS, OCC: BUSINESS,
     R/O. C/O. A ASHOK KUMAR AND
     BROTHERS, 17TH CROSS,
     MAHALAXMI CLOTH MARKET,
     D.S.LANE, CHIKKAPETE CROSS,
     BANGALORE-560002.

6.   SHA MAJULABAI
     W/O. MOOLACHANDA JAIN,
     AGE: 53 YEARS, OCC: HOUSEHOLD WORK,
     R/O. C/O. SHARANAPAP BELLAD BUILDING,
     NEAR ASHOK CIRCLE, ARAKERI-MALLESHAPPA'S
     HOUSE OPPOSITE RANEBENNUR-581115.
                                             ...RESPONDENTS
(BY SRI. PRUTHVI K.S., ADVOCATE)

      THIS RFA IS FILED UNDER ORDER 41 RULE 1 R/W. SECTION
96   OF   CPC   AGAINST   THE   JUDGMENT   AND   DECREE   DATED
23.04.2014 PASSED IN O.S.NO.102/2006 ON THE FILE OF THE
PRINCIPAL SENIOR CIVIL JUDGE AT RANEBENNUR, DISMISSING THE
SUIT FILED FOR SPECIFIC PERFORMANCE OF CONTRACT.


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


CORAM:     THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR
           AND
           THE HON'BLE MR. JUSTICE C.M. POONACHA
                                      -3-
                                              NC: 2025:KHC-D:10347-DB
                                               RFA No. 100100 of 2014


 HC-KAR


                              ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR)

Learned counsel for the appellant has filed a memo

which reads as under:

"Herein memo is as under:

It is most humbly submitted that, the appellant herein has expired on 19.02.2024, as per email dated 17.08.2025 sent by his legal representatives. They have further informed that, they are not interested to prosecute the present matter and wish to withdraw the same. In confirmation of the same, they have sent their respective Aadhar cards and death certificate of the Appellant attached to the email. The true copies the email, Aadhar cards and death certificate is enclosed herewith for kind reference of this Hon'ble Court.