Sri A Radhakrishna vs Sri Govindegowda
2025 Latest Caselaw 1800 Kant

Karnataka High Court

Sri A Radhakrishna vs Sri Govindegowda on 29 July, 2025

                                           -1-
                                                   NC: 2025:KHC:29147-DB
                                                      RFA No. 391 of 2013


                HC-KAR




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 29TH DAY OF JULY, 2025

                                        PRESENT
                         THE HON'BLE MR. JUSTICE JAYANT BANERJI
                                           AND
                         THE HON'BLE MR. JUSTICE UMESH M ADIGA
                      REGULAR FIRST APPEAL NO. 391 OF 2013 (SP)
               BETWEEN:
                  SRI A RADHAKRISHNA,
                  AGED ABOUT 61 YEARS,
                  SON OF LATE P N ANAND,
                  M/S DIVINE CONSTRUCTIONS,
                  NO.205, 2ND STAGE,
                  BHOGADI, MYSORE - 571 101.
                                                             ...APPELLANT
               (BY SRI. VIVEK.N., ADVOCATE(ABSENT))

                 AND:
                 1.   SRI GOVINDEGOWDA,
Digitally signed      SON OF MELUGIRI GOWDA,
by                    AGED ABOUT 66 YEARS,
ANNAPURNA G
                      R/AT DOOR NO.116/3,
Location: HIGH
COURT OF              'N' BLOCK, 2ND STAGE,
KARNATAKA             KUVEMPUNAGAR,
                      MYSORE - 571 101.

               2.     SRI MADE GOWDA
                      AGED ABOUT 71 YEARS
                      SINCE DEAD BY HIS L.R.'S

               2(a) SRI.BASAVARAJU,
                    S/O LATE MADE GOWDA,
                    AGED ABOUT 56 YEARS
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                                      NC: 2025:KHC:29147-DB
                                       RFA No. 391 of 2013


HC-KAR




2(b) SMT.INDRAMMA,
     D/O LATE MADE GOWDA,
     AGED ABOUT 54 YEARS

2(c)   SMT.SUDHAMANI,
       D/O LATE MADE GOWDA,
       AGED ABOUT 48 YEARS

2(d) SMT. PADMA,
     D/O LATE MADE GOWDA,
     AGED ABOUT 51 YEARS,

       RES.NO.2(a) TO 2(d) ARE RESIDING AT:
       YARAGANAHALLI VILLAGE, KASABA HOBLI,
       MYSORE TALUK AND DISTRICT - 570 011.


                                            ...RESPONDENTS
(BY SRI. VINAYAKA B., ADVOCATE FOR R-1;
    SRI.NAVEEN KUMAR L., ADVOCATE FOR R-2(A-D))

       THIS RFA IS FILED U/S 96 OF CPC, AGAINST THE
JUDGEMENT     AND    DECREE      DT   30.1.13   PASED    IN
O.S.NO.944/2011 ON THE FILE OF IV ADDITIONAL SENIOR
CIVIL JUDGE, MYSORE, DECREEING THE SUIT FILED FOR
SPECIFIC PERFORMANCE OF CONTRACT.

       THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,

JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:    HON'BLE MR. JUSTICE JAYANT BANERJI
          and
          HON'BLE MR. JUSTICE UMESH M ADIGA
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                                             NC: 2025:KHC:29147-DB
                                                  RFA No. 391 of 2013


HC-KAR




                        ORAL JUDGMENT

(PER: HON'BLE MR.JUSTICE JAYANT BANERJI)

On the request of learned counsel for the appellant, who

had appeared when the matter was called up in the first round,

the case was adjourned for being taken up on the revision of

the list, to enable the learned counsel to file the memo of

calculation as directed by the Court vide order dated

20.01.2023.

2. However, during the revision of the list, learned

counsel for the appellant is not present. This case is therefore

dismissed for non-prosecution.

Sd/-

(JAYANT BANERJI) JUDGE

Sd/-

(UMESH M ADIGA) JUDGE

AMA