- 1 - HC-KAR NC: 2025:KHC:47875 RFA No. 105 of 2008 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR FIRST APPEAL NO. 105 OF 2008 (INJ) BETWEEN: SRI. M. MOTAPPA @ MUNISHAMAPPA SINCE DEAD BY LRS 1. SMT. R. GAJALAKSHMAMMA W/O M. MOTAPPA@ MUNISHAMAPPA AGED ABOUR 68 YEARS 2. SRI. M VIVEKANANDASWAMY S/O M. MOTAPPA @ MUNISHAMAPPA AGED ABOUT 55 YEARS 3. SRI. M SHANTHARAM S/O M MOTAPPA@ MUNISHAMAPPA AGED ABOUT 48 YEARS 4. SRI. KUMAR ANANDA S/O M. MOTAPPA @ MUNISHAMAPPA AGE ABOUT 41 YEARS ALL ARE RESIDING AT NO.36, 1ST FLOOR, 8TH CROSS, AGRAHARA DASARAHALLI, MAGADI ROAD, BANGALORE - 560 079. …APPELLANTS (BY SRI. VEERENDRA KUMAR, ADVOCATE FOR SRI. S. NAGARAJA, ADVOCATE FOR A2 TO A4; VIDE ORDER DATED 29.10.2025, APPEAL AGAINST A1 IS DISMISSED AS ABATED) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47875 RFA No. 105 of 2008 AND: SRI. L. MAHADEV S/O LATE LAKSHMAIAH GOWDA SINCE DECEASED BY HIS LRS 1. SMT. SHYAMALA W/O LATE L. MAHADEV AGED ABOUT 50 YEARS 2. SMT. KAVITHA D/O LATE L .MAHADEV AGED ABOUT 30 YEARS 3. SRI. PRATAP S/O LATE L. MAHADEV AGED ABOUT 27 YEARS 4. SRI. KIRAN BABU S/O L. MAHADEV AGED ABOUT 24 YEARS 5. KUM. SHOBHA D/O LATE L. MAHADEV AGED ABOUT 21 YEARS ALL ARE RESIDING AT NO.27, HOSAHALLI OLD DIVN. NO.21, NEW DIVN.NO.30, VIJAYANAGAR BANGALORE - 560 040. …RESPONDENTS (BY SRI. SHANMUKHAPPA, ADVOCATE FOR R1(A AND C); SRI. M.D. RAGHUNATH, ADVOCATE FOR R1(B, D AND E)) THIS RFA IS FILED U/S 96 R/W ORDER 41 RULE 1 OF THE CPC AGAINST THE JUDGEMENT AND DECREE DATED 11.10.07 PASSED IN OS NO. 3245/91 ON THE FILE OF THE XXXIX ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE CITY, DISMISSING THE SUIT FOR SPECIFIC PERFORMANCE OF AGREEMENT. - 3 - HC-KAR NC: 2025:KHC:47875 RFA No. 105 of 2008 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Sri.Veerendra Kumar, learned counsel appearing on behalf of Sri.S.Nagaraja, learned counsel for the appellant Nos.2 to 4 seeks time. Appeal is of the year 2008 and suit is of the year 1991 which came to be dismissed on 11.10.2007. Hence, no justification in granting further time. Accordingly, appeal stands dismissed for non prosecution. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 80