- 1 - HC-KAR NC: 2025:KHC-D:10347-DB RFA No. 100100 of 2014 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF AUGUST 2025 PRESENT THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR AND THE HON'BLE MR. JUSTICE C.M. POONACHA REGULAR FIRST APPEAL NO. 100100 OF 2014 (SP) BETWEEN: RAMANALAL S/O. MANAMAL JAIN AGE: 51 YEARS, OCC: AGRICULTURE AND BUSINESS, R/O. RANEBENNUR, DIST: HAVERI-581115. …APPELLANT (BY SRI. KINI N.S. AND SRI. G.S.BHAT, ADVOCATES) AND: 1. MOHANALAL S/O. AGARACHAND BHANDARI AGE: 63 YEARS, OCC: ENGINEER, R/O. C-150, OBIRAYA GARDEN, TAKOR VILLAGE, KHANDIVALI (E), MUMBAI-400001. 2. SHA SOHANALAL S/O. AGARACHAND BHANDARI, AGE: 58 YEARS, OCC: BUSINESS, C/O. BHANDARI CAPITAL AND FINANCE PRIVATE CO. H.6-15-35, BALLAGROOTTU, LIC COLONY, BHORIVALLI, MUMBAI-400091. 3. SHA MADANALAL S/O. AGARACHAND BHANDARI, AGE: 56 YEARS, OCC: BUSINESS, R/O. DOOR NO. 3915, 13A CROSS, B.N.S.K. SECOND STAGE, TYAGARAJ NAGAR, MAIN ROAD, TYAGARAJ POLICE STATION BACK SIDE, SELVARE STAR MOTARS NEAR, Digitally signed by VINAYAKA B V Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.20 12:18:54 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10347-DB RFA No. 100100 of 2014 BANGALORE-560002. 4. SHA SUDHANALAL S/O. AGARACHAND BHANDARI, AGE: 55 YEARS, OCC: BUSINESS, R/O. C/O. AGARACHAND BHANDARI, 2657, AADITHYA 17TH CROSS, 8TH MAIN ROAD, BANASHANKARI, SECOND STAGE, BANGALORE-560002. 5. SHA ASHOK KUMARL S/O. AGARACHAND BHANDARI, AGE: 54 YEARS, OCC: BUSINESS, R/O. C/O. A ASHOK KUMAR AND BROTHERS, 17TH CROSS, MAHALAXMI CLOTH MARKET, D.S.LANE, CHIKKAPETE CROSS, BANGALORE-560002. 6. SHA MAJULABAI W/O. MOOLACHANDA JAIN, AGE: 53 YEARS, OCC: HOUSEHOLD WORK, R/O. C/O. SHARANAPAP BELLAD BUILDING, NEAR ASHOK CIRCLE, ARAKERI-MALLESHAPPA’S HOUSE OPPOSITE RANEBENNUR-581115. …RESPONDENTS (BY SRI. PRUTHVI K.S., ADVOCATE) THIS RFA IS FILED UNDER ORDER 41 RULE 1 R/W. SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 23.04.2014 PASSED IN O.S.NO.102/2006 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AT RANEBENNUR, DISMISSING THE SUIT FILED FOR SPECIFIC PERFORMANCE OF CONTRACT. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR AND THE HON'BLE MR. JUSTICE C.M. POONACHA - 3 - HC-KAR NC: 2025:KHC-D:10347-DB RFA No. 100100 of 2014 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR) Learned counsel for the appellant has filed a memo which reads as under: "Herein memo is as under: It is most humbly submitted that, the appellant herein has expired on 19.02.2024, as per email dated 17.08.2025 sent by his legal representatives. They have further informed that, they are not interested to prosecute the present matter and wish to withdraw the same. In confirmation of the same, they have sent their respective Aadhar cards and death certificate of the Appellant attached to the email. The true copies the email, Aadhar cards and death certificate is enclosed herewith for kind reference of this Hon’ble Court. Hence this memo.” In view of memo, the appeal is disposed off. Sd/- (S.R. KRISHNA KUMAR) JUDGE Sd/- (C.M. POONACHA) JUDGE SMM / Ct:VH List No.: 1 Sl No.: 29