IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO R.F.A.No.1950/2005 BETWEEN:
1 . SMT. MOTAMMA W/O MUNISWAMAPPA AGED ABOUT 68 YEARS.
2 . SRI DODDANNA S/O MUNISWAMAPPA AGED ABOUT 35 YEARS.
3 . SRI NAGARAJ S/O MUNISWAMAPPA AGED ABOUT 33 YEARS ALL ARE RESIDING AT GOVINDAPURA ARABIC COLLEGE POST BANGALORE - 560 045. ...APPELLANTS (BY SRI V.S. VENKATESH ADVOCATE) AND:
K S IBRAHIM S/O G.S. KALEEL AGED 45 YEARS RESIDING AT No.10/1 3RD CROSS, J.C .NAGAR BANGALORE - 560 006. …RESPONDENT (BY SRI S SAWANT, ADVOCATE –ABSENT) THIS RFA IS FILED U/S 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 9.9.2005 PASSED IN O.S.No.9184/2001 ON THE FILE OF THE XI ADDITIONAL CITY CIVIL JUDGE, BANGALORE, PARTLY DECREEING THE SUIT OF THE RESPONDENT HEREIN FOR SPECIFIC PERFORMANCE BY DIRECTING THE APPELLANTS HEREIN 2 TO PAY A SUM OF Rs.40,000/- TO THE RESPONDENT HEREIN ALONG WITH THE INTEREST AT THE RATE OF 9% P.A.FROM THE DATE OF SUIT TILL THE DATE OF REALISATION.
THIS RFA COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Sri. V.S.Venkatesh, learned counsel for appellants prays time on the ground that the existing counsel has given no objection. As ordered on the previous date of hearing, adjournment was granted as a final chance with a condition that in case the matter was not prosecuted today, the appeal shall stand dismissed for non prosecution.
Though counsel Sri. V.S. Venkatesh for the appellants present and prays time despite the order dated 23.10.2019, his prayer is not tenable. No grounds for adjournment. The appeal is dismissed as per the order dated 23.10.2019.
Sd/- JUDGE tsn*