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2026 DAILYLAW 31111 (KAR)

SRI KEMPAIAH v. SRI THIMMEGOWDA

RFA/1469/2019 · 2026-07-09

Rajesh Rai K

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010195872019 NC: 2026:KHC:38309 RFA No. 1469 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 1469 OF 2019 (DEC/INJ) BETWEEN: 1. SRI KEMPAIAH SON OF BASAHANUMAIAH, AGED ABOUT 63 YEARS, 2. SRI RAMAKRISHNAIAH SON OF BASAHANUMAIAH, AGED ABOUT 51 YEARS, BOTH ARE R/AT NO.39 (SURVEY NO.30/2), MUDDAIANAPALYA, GIDADAKONENAHALLI DAKHLE, YESHWANTHAPURA HOBLI, BENGALURU. …APPELLANTS (BY SRIYUTHS. NAGAIAH AND VINAY G., ADVOCATES) AND: 1. SRI THIMMEGOWDA SON OF VENKATANARASAIAH, AGED ABOUT 59 YEARS, Digitally signed by MAMATHA K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010195872019 NC: 2026:KHC:38309 RFA No. 1469 of 2019 2. SRI NARASIMHAMURTHY SON OF VENKATANARASAIAH, AGED ABOUT 56 YEARS, 3. SRI VENKATESH SON OF VENKATANARASAIAH, AGED ABOUT 54 YEARS, 4. SRI NARAYANA SON OF VENKATANARASAIAH, AGED ABOUT 53 YEARS, 5. SRI NARASIMHARAJU SON OF VENKATANARASAIAH, AGED ABOUT 51 YEARS, ALL ARE R/AT MUDDAIANAPALYA, GIDADAKONENAHALLI DAKHLE, YESHWANTHAPURA HOBLI, BENGALURU. 6. THE COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY, KUMARAPARK WEST, BENGALURU 7. THE SPECIAL LAND ACQUISITION OFFICER BENGALURU DEVELOPMENT AUTHORITY, KUMARAPARK WEST, BENGALURU. …RESPONDENTS (BY SRIYUTHS.NISHANTH A.V. AND OTHERS, Advocates for R2 to R5; SRIYUTHS: G.A.GOPI AND JAYASHEELA S., Advocates for R6 & R7). - 3 - HC-KAR CNR: KAHC010195872019 NC: 2026:KHC:38309 RFA No. 1469 of 2019 This Regular First Appeal filed Under Section 96 of the CPC, against the Order and Decree dated 09.04.2019 passed on I.A.No.II in O.S.No.829/2015 on the file of the III Additional Civil Judge, Bengaluru Rural District, Bengaluru, allowing the I.A.No.II filed Under Order 7 Rule 11(a) and (d) R/w Sec.151 of CPC for rejection of Plaint. This Appeal is coming on for Orders this day, the court made the following: ORAL ORDER Memo reporting the death of respondent No.1 is filed on 31.07.2024. Learned Counsel for the appellants has failed to take steps to bring the legal representatives of deceased-respondent No.1. In the interest of justice, finally a week’s time is granted to file necessary application to bring the legal representatives of deceased-respondent No.1. Failing which, appeal shall stand dismissed without reference to the Bench. Sd/- JUDGE - 4 - HC-KAR CNR: KAHC010195872019 NC: 2026:KHC:38309 RFA No. 1469 of 2019 NOTE: Court Order dt.09.07.2026 not complied with. Hence Appeal stands dismissed. COPY Sd/- I/C ASSISTANT REGISTRAR T By : BR R By : NR C By : STE