- 1 - HC-KAR NC: 2025:KHC:52448-DB RFA No. 1112 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU REGULAR FIRST APPEAL NO. 1112 OF 2016 (SP) BETWEEN: SRI. M.R. LAKSHMANAPPA S/O SRI RAMAIAH AGED ABOUT 65 YEARS NO 518, 7TH CROSS 4TH MAIN ROAD KENGERI SATELLITE TOWN BANGALORE - 560060 …APPELLANT (COURT NOTICE RECEIVED FROM CITY CIVIL COURT, BENGALURU STATING AS SERVICE IS 'INSUFFICIENT') AND: 1. SRI. K.B. BOMMALINGAIAH S/O LATE BOMMARAYAPPA MAJOR, 2. SRI K B CHIKKA MUNIYAPPA S/O LATE BOMMARAYAPPA MAJOR, 3. SMT RUDRAMMA W/O LATE NINGAPPA @ LINGAPPA MAJOR, 4. SMT NINGAMMA D/O LATE NINGAPPA @ LINGAPPA - 2 - HC-KAR NC: 2025:KHC:52448-DB RFA No. 1112 of 2016 MAJOR, 5. SMT SHIVAMMA D/O LATE NINGAPPA @ LINGAPPA MAJOR, ALL THE RESPONDENTS ARE RESIDENTS OF KANIMINIKE VILLAGE KUMBULAGODU POST, KENGERI HOBLI BANGALORE SOUTH TALUK- 560060. …RESPONDENTS (BY SRI. JEEVAN K, ADVOCATE FOR R1; SRI M.L. GOWDA, ADVOCATE FOR R2; SRI M.C. JAYAKIRTHI, ADVOCATE FOR R3 & R5; SRI B. RAMESH FOR R4; SRI ASHOK KUMAR M.C., ADVOCATE FOR PRO'SD R6; SRI M. PRAKASH, ADVOCATE FOR R7 & R8) THIS RFA IS FILED UNDER ORDER 41 RULE 1 R/W SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 11.04.2016 PASSED IN O.S NO.143/2005 ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, DISMISSING THE SUIT FOR SPECIFIC PERFORMANCE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU - 3 - HC-KAR NC: 2025:KHC:52448-DB RFA No. 1112 of 2016 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) On the last date of listing this appeal i.e., on 20.11.2025, we passed the following order: "Mr.M.S.Vardarajan, learned counsel for the appellant submits that he has filed a memo dated 18.11.2025 seeking discharge from the case. In the memo, it is stated that the learned counsel M.S.Vardarajan has sent written communication to the appellant for filing appropriate application to bring on record the legal representatives of deceased respondent Nos.1 and 2 on 14.03.2024 and thereafter again on 03.11.2025. No response has been received to the said communication. He therefore, submits that as the appellant is not interested in prosecuting the appeal, he would like to retire from the case. Considering the said stand of the learned counsel for the appellant, we allow the discharge memo and direct the Registry to issue notice to the appellants to engage any other counsel of their choice, if they so desire. Post this appeal on 10.12.2025." 2. Considering the fact that the learned counsel for the appellant earlier had sought for discharge in the appeal by filing a memo, we allowed the memo and discharged the counsel representing the appellant and directed the - 4 - HC-KAR NC: 2025:KHC:52448-DB RFA No. 1112 of 2016 Registry to send notice to the appellant to engage any other counsel of his choice. The Registry has sent notice to the appellant on given address in the appeal memo. However, the notice could not be served on the appellant as he has left the address. 3. This Court does not have any another address of the appellant. The appeal arises out of the judgment and decree of the Trial Court dated 11.04.2016 in O.S.No.143/2005 which was filed for specific performance. The trial Court has dismissed the suit. 4. We therefore, dismiss the appeal for non- prosecution. (D K SINGH) JUDGE (TARA VITASTA GANJU) JUDGE BSV/List No.: 1 Sl No.: 9 Digitally signed by DINESH KUMAR SINGH Location: HIGH COURT OF KARNATAKA Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA