- 1 - HC-KAR NC: 2026:KHC:3240 RFA No. 249 of 2008 C/W RFA No. 248 of 2008 RFA No. 629 of 2008 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL REGULAR FIRST APPEAL NO. 249 OF 2008 (DEC) C/W REGULAR FIRST APPEAL NO. 248 OF 2008 REGULAR FIRST APPEAL NO. 629 OF 2008 IN RFA No. 249/2008 BETWEEN: SMT. SHASHIKALA SAMBAMURTY W/O LATE SRI. M. SAMBA MURTHY AGED ABOUT 45 YEARS AT PRESENT RESIDING AT NO.256 2ND 'E' CROSS, 5TH MAIN, 3RD STAGE 3RD BLOCK, BASAVESHWARANAGAR BANGALORE-560 079 …APPELLANT (BY SRI. MANI P. KUMAR, ADVOCATE FOR SRI. C.S. PRASANNA KUMAR, ADVOCATE) AND: 1. 1(A) SMT. VIMALA MARTIN W/O LATE V.K. MARTIN AGED ABOUT 62 YEARS RESIDING AT NO.150, SEPPINGS ROAD BANGALORE-560 001 SINCE DECEASED BY HER LRs SRI. VIJAYA MARTIN AGED ABOUT 42 YEARS 1(B). MS. EASTHA JAMES AGED ABOUT 40 YEARS Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3240 RFA No. 249 of 2008 C/W RFA No. 248 of 2008 RFA No. 629 of 2008 1(C). MS. FLORANCE PRASANNA AGED ABOUT 38 YEARS 1(D). MS. VASANTH JAIRAJ AGED ABOUT 36 YEARS 1(E). MS. BESSI SUGUMARAN AGED ABOUT 34 YEARS 1(F). MS. VEENA SIR DESAI AGED ABOUT 32 YEARS RESPONDENT NO.1(A) IS THE SON AND 1(B) TO 1(F) ARE THE DAUGHTERS OF LATE SMT. VIMALA MARTIN ALL ARE RESIDING AT NO.150 SEPPINGS ROAD BANGALORE-1 2. SMT. P. VASANTHI W/O R.K. RAMAKRISHNA MAJOR RESIDING AT NO.225, 4TH MAIN VIVEKNAGAR BANGALORE-560 047 …RESPONDENTS (BY SRI. PRADEEP NAIK K, ADVOCATE FOR R2; R1(A), R1(B), R1(C), R1(D), R1(E), R1(F) - ARE SERVED AND UNREPRESENTED) THIS RFA IS FILED U/S.96 R/W O XLI OF CPC AGAINST THE JUDGMENT AND DECREE DT.11.1.2008 PASSED IN O.S.NO.3384/93 ON THE FILE OF THE XIV ADDL. CITY CIVIL JUDGE, BANGALORE (CCH-28), DISMISSING THE SUIT FOR DECLARATION OF TITLE AND POSSESSION AND MESNE PROFITS. - 3 - HC-KAR NC: 2026:KHC:3240 RFA No. 249 of 2008 C/W RFA No. 248 of 2008 RFA No. 629 of 2008 IN RFA NO. 248/2008 BETWEEN: SMT. SHASHIKALA SAMBAMURTHY W/O LATE SRI. M. SAMBA MURTHY AGED ABOUT 45 YEARS R/AT.NO.256, 2ND 'E' CROSS 5TH MAIN, 3RD STAGE 3RD BLOCK, BASAVESHWARANAGAR BANGALORE-79 ...APPELLANT (BY SRI. C.S. PRASANNA KUMAR, ADVOCATE) AND: 1. SMT. VIMALA MARTIN W/O LATE V.K. MARTIN AGED ABOUT 62 YEARS RESIDING AT NO.150, SEPPINGS ROAD BANGALORE-560 001 SINCE DECEASED BY HER LRs 1(A). MR. WILLIAM VIJAIKAR MAJOR 1(B). MR. EDWARD VINODHKAR MAJOR 1(C). ESTHAR VIDYA MAJOR 1(D). JANE VASANTHI AGED ABOUT 36 YEARS 1(E). MS. BASSIE VATSALA MAJOR 1(F). FLORENCE VASUNDRA MAJOR - 4 - HC-KAR NC: 2026:KHC:3240 RFA No. 249 of 2008 C/W RFA No. 248 of 2008 RFA No. 629 of 2008 1(G). ANN VEENA MAJOR RESPONDENT NOS.1(A) AND (B) ARE THE SONS OF 1ST RESPONDENT AND 1(C) TO 1(G) ARE THE DAUGHTERS OF LATE SMT. VIMALA MARTIN ALL ARE RESIDING AT NO.150 SEPPINGS ROAD, BANGALORE-1 2. SMT. P. VASANTHI W/O R.K. RAMAKRISHNA MAJOR RESIDING AT NO.225, 4TH MAIN VIVEKNAGAR BANGALORE-560 047 …RESPONDENTS (BY SRI. PRADEEP NAIK K, ADVOCATE FOR R2; NOTICE DISPENSED WITH IN R/O R1[A-G]) THIS RFA IS FILED U/S.96 R/W O XLI OF CPC AGAINST THE JUDGMENT AND DECREE DT.11.1.2008 PASSED IN O.S.NO.1949/94 ON THE FILE OF THE XIV ADDL. CITY CIVIL JUDGE, BANGALORE (CCH-28), DISMISSING THE SUIT SEEKING SPECIFIC PERFORMANCE OF THE AGREEMENT DATED 10.07.78 AND THE APPELLANT HEREIN PRAYS TO SET ASIDE THE FINDINGS ON ISSUE NOS.2 AND 4 OF THE ABOVE JUDGMENT. IN RFA NO. 629/2008 BETWEEN: SMT. P. VASANTHI W/O SRI. R.K. RAMAKRISHFNA AGED ABOUT 58 YEARS RESIDING AT NO. 225, IV MAIN VIVEKNAGAR BANGALORE-560 047 ...APPELLANT (BY SRI. PRADEEP NAIK K, ADVOCATE) - 5 - HC-KAR NC: 2026:KHC:3240 RFA No. 249 of 2008 C/W RFA No. 248 of 2008 RFA No. 629 of 2008 AND: 1. 1(A) SMT. VIMALA MARTIN W/O LATE SRI. V.K. MARTIN NO.150, SEPPINGS ROAD BANGALORE-1 SINCE DECEASED BY LRs MR. WILLIAM VIJAIKAR AGED ABOUT 45 YEARS 1(B). MR. EDWARD VINODKAR AGED ABOUT 43 YEARS 1(C). MRS. ESTHAR VIDYA AGED ABOUT 40 YEARS 1(D) MRS. JANE VASANTHI AGED ABOUT 38 YEARS 1(E). MRS. BASSIE VATSALA AGED ABOUT 36 YEARS 1(F). MRS. FLORENCE VASUNDHARA AGED ABOUT 34 YEARS 1(G). MRS. ANNA VEENA AGED ABOUT 32 YEARS ALL ARE RESIDING AT NO.150 (102) SEPPINGS ROAD, BANGALORE-1 2. SMT. SHASHIKALA N. SAMBA MURTHY W/O LATE SRI. M. SAMBA MURTHY AGED ABOUT 44 YEARS RESIDING AT NO.72 OKALIPURAM, BEHID JANATA HOTEL BANGALORE-21 ...RESPONDENTS (BY SRI. C.S. PRASANNA KUMAR, ADVOCATE FOR R2; VIDE ORDER DATED 9.3.2010 NOTICE TO R1(A TO G) DISPENSED WITH) - 6 - HC-KAR NC: 2026:KHC:3240 RFA No. 249 of 2008 C/W RFA No. 248 of 2008 RFA No. 629 of 2008 THIS RFA IS FILED U/S 96 OF THE CPC AGAINST THE JUDGEMENT AND DECREE DT. 11.1.08 PASSED IN OS NO.1949/94 ON THE FILE OF THE XIV ADDL. CITY CIVIL JUDGE, (CCH.NO.28) BANGALORE, DISMISSING THE SUIT FOR SPECIFIC PERFORMANCE OF AGREEMENT DT.10.07.78. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL JUDGMENT 1. Sri. Mani P. Kumar, learned counsel appearing on behalf of Sri. C.S. Prasanna Kumar, learned counsel for the appellant in RFA No.249/2008 as well as in RFA No.248/2008, submits that, in view of he not being able to contact the appellant and for want of instructions he has retired from the matter and had filed a memo of retirement in this regard. Consequently, this Court had issued court notice to the appellant which has returned with the endorsement "addressee left". 2. Learned counsel further submits that the matter appears to have been settled between the parties, as such, they are not interested in pursuing the appeal. 3. Similarly, Sri. Pradeep Naik K., learned counsel who is appearing for the appellant in RFA No.629/2008, who is also - 7 - HC-KAR NC: 2026:KHC:3240 RFA No. 249 of 2008 C/W RFA No. 248 of 2008 RFA No. 629 of 2008 the respondent No.2 in the aforesaid two appeals, has filed a memo of retirement dated 12.01.2026 seeking leave to retire from the matter, along with the envelope containing letter apparently issued to the said appellant, which is returned with the endorsement "No such person". 4. Sri Pradeep Naik K., learned counsel, confirms the submission made by the learned counsel for the appellant in RFA No.249/2008 and RFA No.248/2008 that, parties have apparently settled the matter and therefore, not interested in pursuing these appeals. 5. The aforesaid submissions made by both learned counsel for the appellants are taken on record. Sri. Pradeep Naik K., learned counsel is permitted to retire from the case. 6. The submission made by the learned counsel for the appellants and respondents as taken note of indicate that the appellants and respondents are not interested in proceeding further in the matter. - 8 - HC-KAR NC: 2026:KHC:3240 RFA No. 249 of 2008 C/W RFA No. 248 of 2008 RFA No. 629 of 2008 7. Since there is no representation, the appeals are dismissed. SD/- (M.G.S. KAMAL) JUDGE sac List No.: 1 Sl No.: 1