IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON’BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR FIRST APPEAL NO.510 OF 2023 BETWEEN P.M. ABBAIAH NAIDU SINCE DEAD BY L.Rs 1. SMT. NARASAMMA, W/O. LATE. P.M.ABBAIAH NAIDU, AGED ABOUT 90 YEARS RESIDING AT NO.145, 2ND BLOCK T.R.NAGAR, BANGALORE-560028. 2. SMT. MALLIKA W/O. LATE RAGHUNATHA NAIDU, AGED ABOUT 67 YEARS RESIDING AT NO.145, 2ND BLOCK, T.R.NAGAR, BANGALORE-560028. 3. SRI. P.R.DILIP, S/O LATE RAGHUNATHA NAIDU, AGED ABOUT 48 YEARS RESIDING AT NO.145, 2ND BLOCK, T.R.NAGAR, BANGALORE-560028. 4. SRI. P.R.DHEERAJ, S/O LATE RAGHUNATHA NAIDU AGED ABOUT 42 YEARS, RESIDING AT NO.145, 2ND BLOCK, T.R.NAGAR, BANGALORE-560028. ALL THE ABOVE ARE REPRESENTED THROUGH THEIR POWER OF ATTORNEY HOLDER MR. N.P. RAVEENDRANATH NAIDU. ….Appellants (Sriyuths. Jai M patil and Sreedevi K B, Advocates) RFA.No.510/2023 ----------------------- 2 AND MR. CHINNAPPA DEAD BY LRS. 1. SRI. MUNIYAPPA, S/O. LATE CHENNAPPA, MAJOR. 2. MR. PRAKASH S/O. LATE CHENNAPPA MAJOR MR. VENKATESH, S/O. LATE CHENNAPPA SINCE DEAD BY LRS, 3. SMT. TAMILAMMA, W/O LATE VENKATESH MAJOR 4. MR. SANJAY, S/O. LATE VENKATESH, MAJOR 5. SMT. SHILPA, D/O LATE VENKATESH, MAJOR, R/AT JIGANI VILLAGE, ANEKAL TALUK, BENGALURU DISTRICT. ALL THE ABOVE RESPONDENTS ARE PRESENTLY RESIDING AT: NO.130/1, 3RD CROSS, NAVODAYANAGAR 7TH PHASE, J.P.NAGAR, BANGALORE-560078. SMT. AMMAYAMMA (DEAD) REPRESENTED BY LRS 6. MR. N.JANARDHAN S/O LATE AMMAYAMMA AGED ABOUT 37 YEARS. RFA.No.510/2023 ----------------------- 3 7. MR. N.VENUGOPAL, S/O LATE AMMAYAMMA AGED ABOUT 35 YEARS 8. MR. N.HARISH, S/O. LATE AMMAYAMMA AGED ABOUT 32 YEARS 9. MR. C.M.NAGARAJA H/O. LATE AMMAYAMMA AGED ABOUT 62 YEARS ALL ARE RESIDING AT NO.329, C/O. SIDDESWARA STORES, NEAR MARUTHI SCHOOL, SRINIDHI LAYOUT, KOTHANUR MAIN ROAD, BANGALORE-560062. MR. M.MUNINARAYANAPPA SINCE DEAD, REP BY HIS LRS, 10. SMT. LAKSHMAMMA, W/O. LATE MUNINARAYANAPPA, AGE MAJOR, RESIDING AT NO.12, 3RD CROSS, 6TH C MAIN, GOURAVA NAGAR, J.P.NAGAR, 7TH PHASE, BANGALORE-560078. 11. SRI. KUMAR, S/O LATE MUNINARAYANAPPA, AGED ABOUT 43 YEARS RESIDING AT NO.12, 3RD CROSS, 6TH C MAIN, GOURAVA NAGAR, J.P.NAGAR, 7TH PHASE, BANGALORE-560078. 12. SMT. SHAKUNTALA, D/O LATE MUNINARAYANAPPA AGED MAJOR, RFA.No.510/2023 ----------------------- 4 13. SMT. KALA D/O. LATE MUNINARAYANAPPA, AGED MAJOR 14. SMT. ANITHA D/O LATE MUNINARAYANAPPA AGED MAJOR, ALL THE ABOVE ARE RESIDENTS OF CHUNCHUKATTE VILLAGE UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK. M.MUNIVENKATAPPA SINCE DECEASED REPRESENTED BY HIS LRS. 15. SMT. SHASHIKALA W/O MR. NAGESH D/O LATE MUNIVENKATAPPA AGED ABOUT 54 YEARS RESIDING AT NO.39 KONANAKUNTE POST, BANGALORE-560062 16. MR. M.SHIVASHANKAR S/O LATE MUNIVENKATAPPA, AGED ABOUT 39 YEARS RESIDING AT CHUNCHAKATEE VILLAGE, UTTARAHALLI HOBLI, KONANAKUNTE POST, BANGALORE-560062. 17. MR. M.ANAND, S/O. LATE MUNIVENKATAPPA MAJOR IN AGE. 18. MR. M.VEERABHADRAIAH, S/O. LATE. MUNIVENKATAPPA, MAJOR IN AGE BOTH ARE R/AT CHUNCHAKATTE VILLAGE UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK, BENGALURU-560062. RFA.No.510/2023 ----------------------- 5 19. SMT. CHAYADEVI W/O. MR. RAJU, AGED ABOUT 28 YEARS RESIDING AT NARAYANA NAIKANA THOTA, DEVANAHALLI TALUK BANGALORE RURAL DISTRICT. 20. MR. VENKATASWAMY RAJU S/O. LATE KRISHNA RAJU, MAJOR, RESIDING AT K.R.GARDENS, PUTTENAHALLI VILLAGE, J.P.NAGAR, BENGALURU-560078. …Respondents (Sriyuths. T.K.Rajagopala and R.Mukundan, Advocates for C/R10, R11, R15 and R16 & R19; vide court order dated 15/09/2025 appeal stands abated as against of R20). This Regular First Appeal filed U/O 41 Rule 1 R/W Sec.96 of CPC against the Judgment and Decree dated 04.11.2022 passed in O.S.No.6200/2002 on the file of the LXVI Additional City Civil and Sessions Judge, Bengaluru, dismissing the suit for specific performance. This Regular First Appeal is coming on for Orders this day, the Court made the following: ORAL ORDER Counsel for the appellants submits that needful would be done during the course of the day in respect of paying process fee RFA.No.510/2023 ----------------------- 6 for issuing notice to the unserved respondents. Office to verify and proceed. If needful is not done today, the appeal would stand dismissed without reference to the Bench. Respondent No.20 has been reported to be dead. No steps have been taken. Appeal stands abated as against respondent No.20. ORDER ON I.A.1/2025 I.A.1/2025 is filed for extension of time for filing paper book. The appeal has been admitted on 17.03.2023. This Court on 13.08.2025 granted four weeks time to file paper book. The appellants are granted another four weeks time from today to file the paper book, failing which the appeal would stand dismissed without reference to the Bench. Interim order granted earlier is extended till the next date of hearing. Sd/- JUDGE RFA.No.510/2023 ----------------------- 7 NOTE: Court Order dated.15.09.2025 not complied with. Hence Appeal stands dismissed. COPY Sd/- [[[[[[[[[[[[[ ASSISTANT REGISTRAR T By : BR R By: RM C By: STE