IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO R.F.A.No.1909/2005 BETWEEN:
SRI M SHANTHARAM S/O LATE MUNISWAMAPPA AGED 58 YEARS RESIDENT OF POORNIMA FARMS BYCHAPURA, ANNESWARA POST DEVANAHALLI TALUK BANGALORE RURAL DISTRICT – 562 110.
...APPELLANT (BY SRI B BHAVANI SHANKAR RAO, ADVOCATE -ABSENT) AND:
1. SMT.LAKSHMI DEVAMMA WIFE OF LATE DADDA THIMMAPPA AGED ABOUT 75 YEARS R/AT NAGANAYAKANAPALYA CHANNARAYAPATNA HOBLI DEVANAHALLI TALUK BANGALORE RURAL DISTRICT – 562 110.
2. SMT. V GOWRAMMA WIFE OF K NARASAPPA AGED ABOUT 60 YEARS 3. SRI A V RADHAKRISHNAIAH SON OF LATE VENKATARAYAPPA AGED ABOUT 55 YEARS.
4 . SMT. A V MUDDAMMA SON OF LATE VENKATARAYAPPA AGED ABOUT 45 YEARS RESPONDENTS 2 TO 4 ARE RESIDING AT HOUSE No.5667/D, NEW No.19, 4TH MAIN, 12TH CROSS, VYALIKAVAL, BANGALORE-560 003.
AND ALSO AT ATTIBELE VILLAGE, SULEBELE HOBLI, HOSKOTE TALUK, BANGALORE RURAL DISTRICT – 562 114.
….RESPONDENTS (BY SRI B R VISWANATH & K RAMAMOHAN, ADVOCATES FOR R-1, 3 & 4, NOTICE TO R-2 HELD SUFFICIENT V/O DTD. 10.12.2010) THIS RFA IS FILED U/S 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 6.9.2005 PASSED IN O.S.No.479/2000 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE (SR.DN), BANGALORE RURAL DISTRICT BANGALORE, DISMISSING THE SUIT FOR SPECIFIC PERFORMANCE OF AGREEMENT.
THIS RFA COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Learned counsel for appellant absent. No representation. Counsel for the respondent present. Matter is of the year 2005 in terms of the present appeal and of the year 2000 in terms of the original suit. It appears, the appellant is not interested in prosecuting the appeal. Hence, appeal is dismissed for non- prosecution.
Sd/- JUDGE tsn*