- 1 - HC-KAR NC: 2025:KHC:37081-DB RFA No. 2092 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 2092 OF 2023 (SP) BETWEEN: M MUNISUBBAPPA, S/O MUNI KRISHNAPPA, AGED 60 YEARS, R/AT CHICKBALLAPUR RAOD, VIJUPRA TOWN, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT. &APPELLANT (BY SRI. S GANESH SHENOY.,ADVOCATE) AND: 1. M MUNIYAPPA @ VASANTHAPPA S/O LATE GORAMADAGU MUNISHAMAPPA, AGED ABOUT 79 YEARS, 2. VENKATAMMA W/O MUNIYAPPA, AGED ABOUT 74 YEARS, 3. DYAVAPPA S/O LATE MUNIYAPPA, AGED ABOUT 47 YEARS, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37081-DB RFA No. 2092 of 2023 4. AMARAVATHI D/O DYAVAPPA, AGED ABOUT 46 YEARS. 5. GAYANA D/O DYAVAPPA, AGED ABOUT 26 YEARS, 6. NAVEENA D/O DYAVAPPA, AGED ABOUT 19 YEARS, 7. VENKATESHA S/O MUNIYAPPA AGED ABOUT 49 YEARS, 8. LAKSHMINARASAMMA W/O VENKATESHA, AGED ABOUT 45 YEARS, 9. AKSHAYA D/O VENKATESHA, AGED ABOUT 19 YEARS, 10. NAGARAJU S/O VENKATESHA, AGED ABOUT 14 YEARS, REPRESENTED BY FATHER AND NATURAL GUARDIAN, VENKATESHA - APPELLANT NO. 7 11. GANGA RAJU S/O MUNIYAPPA, AGED ABOUT 36 YEARS, R-1 TO 11 ARE R/O GORAMADAGU VILLAGE, KADABA HOBLI, SIDLAGHATTA TALUK, CHICKABALLAPUR DISTRICT- 562 105. - 3 - HC-KAR NC: 2025:KHC:37081-DB RFA No. 2092 of 2023 12. LAKSHMIKANTHAMMA D/O MUNIYAPPA AGED ABOUT 36 YEARS R/A KOREPALLI VILLAGE MANDIKALHOBLI CHICKBALLAPUR TALUK CHICKBALLAPUR DISTRICT - 562 106. 13. NARAYANASWAMY S/O LATE GORAMADAGU MUNISHAMAPPA AGED ABOUT 69 YEARS. 14. ANUINAMMA W/O NARAYANASWAMY AGED ABOUT 63 YEARS RESPONDENT NO. 13 & 14 IS R/O GORAMADAGU VILLAGE KASABAHOBLI, SIDLAGHATTA TALUK CHICKBALLAPUR DISTRICT - 562 105. 15. SAROJAMMA D/O NARAYANASWAMY AGED ABOUT 39 YEARS R/A NARAYANADASARAHALLI VILLAGE JANGAMAKOTEHOBLI SIDLAGHATTA TALUK CHICKABALLAPUR DISTRICT - 562 105. 16. VINOD S/O NARAYANASWAMY AGED ABOUT 38 YEARS R/A GORAMADAGU VILLAGE KASABAHOBLI, SIDLAGHATTA TALUK CHICKBALLAPUR DISTRICT - 562 105. 17. SHOBHA D/O NARAYANASWAMY AGED ABOUT 30 YEARS R/A KONDENAHALLI VILLAGE NANDI HOBLI CHICKBALLAPUR TALUK & DIST. - 4 - HC-KAR NC: 2025:KHC:37081-DB RFA No. 2092 of 2023 18. KAKKAYAPPA S/O GANGAPPA AGED ABOUT 71 YEARS. 19. AKKAYAMMA W/O KAKKAYAPPA AGED ABOUT 63 YEARS. 20. MUNI REDDY S/O KAKKAYAPPA AGED ABOUT 53 YEARS. KRISHNA S/O KAKKAYAPA SINCE DECEASED BY LRS PARTY. 21. INDRAMMA W/O LATE KRISHNA AGED ABOUT 45 YEARS. 22. YESHVANTHA S/O LATE KRISHNA AGED ABOUT 19 YEARS. 23. SAHANA D/O LATE KRISHNA AGED ABOUT 18 YEARS. 24. MUNIRAJA S/O KAKKAYAPPA AGED ABOUT 47 YEARS. 25. GAJENDRA S/O KAKKAYAPPA AGED ABOUT 55 YEARS R-18 TO R-25 ARE R/O MELUR VILLAGE, JANGAMAKOTEHOBLI SIDLAGHATTA TALUK CHICKABALLAPUR DISTRICT - 562 105. - 5 - HC-KAR NC: 2025:KHC:37081-DB RFA No. 2092 of 2023 26. SHIVAPPA S/O GANGAPPA AGED ABOUT 69 YEARS R/O MUTHURU VILLAGE JANGAMAKOTEHOBLI SIDLAGHATTA TALUK CHICKBALLAPUR DISTRICT - 562 105. 27. DODDAVENKATAPPA S/O GANGAPPA SINCE DECEASED BY LRS. 28. PILLAMMA D/O LATE DODDAVENKATAPPA AGED ABOUT 68 YEARS. 29. NARASIMHAPPA S/O LATE DODDAVENKATAPPA AGED AOBUT 66 YEARS. 30. BAGYAMMA W/O NARASIMHAPPA AGED ABOUT 42 YEARS. 31. CHINNAMMA W/O SHIVAPPA AGED ABOUT 55 YEARS R-27 TO 31 ARE R/O GORAMADAGU VILLAGE KASABAHOBLI, SIDLAGHATTA TALUK CHICKBALLAPUR DISTRICT. 32. LAKSHMAMMA W/O CHIKKANARASIMHAPPA AGED ABOUT 77 YEARS MUTHURU VILLAGE JANGAMAKOTEHOBLI SIDLAGHATTA TALUK CHICKABALLAPUR DISTRICT. - 6 - HC-KAR NC: 2025:KHC:37081-DB RFA No. 2092 of 2023 33. MUNIKRISHNAPPA S/O CHIKKANARASIMHAPPA AGED ABOUT 45 YEARS R/O MUTHURU VILLAGE JANGAMAKOTE HOBLI SIDLAGHATTA TALUK CHICKBALLAPUR DISTRICT. &RESPONDENTS THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 04.07.2023 PASSED IN OS.NO.93/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, SHIDLAGHATTA, PARTLY DECREEING THE SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE RAJESH RAI K) We have heard the learned counsel for the appellant. 2. Till today, office objections are not complied with. Therefore, in view of the peremptory order dated 02.09.2024 passed by this Court, no further order is required. - 7 - HC-KAR NC: 2025:KHC:37081-DB RFA No. 2092 of 2023 3. Accordingly, the appeal stands dismissed for non-prosecution. SD/- (ANU SIVARAMAN) JUDGE SD/- (RAJESH RAI K) JUDGE HKV List No.: 4 Sl No.: 18