- 1 - HC-KAR NC: 2025:KHC:30277-DB RFA No. 516 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA REGULAR FIRST APPEAL NO. 516 OF 2014 BETWEEN: SRI. DINESH KUMAR S/O LATE BABU KOTTARY AGED 53 YEARS, PROPREITOR DINESH CONSTRUCTION, R/AT 'ANU DEEKSHA' NAGABANA ROAD, 1ST BRIDGE , MARNAMIKATTE MANGALORE-575 001. &APPELLANT (BY SRI. K. ANANDARAMA, ADVOCATE (ABSENT)) AND: 1. MR. JOY JEEVAN PRAKA VEIGAS, S/O MR.PETER VEIGAS AGED 38 YEARS 2. MRS.CYNTHIA PINTO W/O JOY JEEVAN PRAKASH VEIGAS AGED 32 YEARS, BOTH ARE PERMANENT RESIDENTS OF KUTEEL HOUSE,VITTAL POST, BANTWAL TALUK 574 243. NOW TEMPORARILY RESIDING AT NAYAK'S COMPOUND, 1ST LANE, MARIGUDI CROSS, Digitally signed by ANNAPURNA G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30277-DB RFA No. 516 of 2014 URVA, MANGALORE- 575 006. 3. MRS.NAGAMMA W/O MR.SHEKAR POOJARY AGED ABOUT 53 YEARS, RESIDING AT LINGAPPA COMPOUND, 3RD LEFT CROSS, SOUTERPETE, MANGALORE - 575 008. &RESPONDENTS (BY SRI. CYRIL PRASAD PAIS, ADVOCATE FOR CR/R1 AND CR/R2, R3 IS SERVED AND UNREPRESENTED) THIS RFA IS FILED UNDER ORDER XLI RULE 1 AND SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 20.01.2014 PASSED IN OS.NO.134/2010, ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE, MANGALORE,D.K. DECREEING SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE UMESH M ADIGA ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) The list has been revised, none appears to press this appeal. - 3 - HC-KAR NC: 2025:KHC:30277-DB RFA No. 516 of 2014 2. The appeal is dismissed for non- prosecution. 3. This order has been passed in the presence of learned counsel for respondents. Sd/- (JAYANT BANERJI) JUDGE Sd/- (UMESH M ADIGA) JUDGE AG List No.: 1 Sl No.: 34