- 1 - HC-KAR NC: 2026:KHC:13823 RFA No. 1404 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ REGULAR FIRST APPEAL NO. 1404 OF 2023 (SP) BETWEEN: SRI. MUNEGOWDA, S/O NARAYANAPPA, AGED ABOUT 46 YEARS, R/AT PURADAGADDE, KASABA HOBLI, DIBBURA MAJARA, CHICKBALLAPUR TALUK 562 102 …APPELLANT (BY SRI. HALESHA R G., ADVOCATE) AND: 1. SRI. SRIRAMAPPA, S/O GUMMANNA, AGED ABOUT 63 YEARS, 2. SMT SAROJAMMA S/O SRIRAMAPPA, AGED ABOUT 61 YEARS, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13823 RFA No. 1404 of 2023 3. SRI KESHAVA REDDY S/O SRIRAMAPPA, AGED ABOUT 38 YEARS, 4. SRI KIRAN KUMAR S/O SRIRAMAPPA, AGED ABOUT 37 YEARS, 5. KUM CHAITRA D/O SRIRAMAPPA, AGED ABOUT 32 YEARS, ALL R/AT PURADAGADDE, KASABA HOBLI, DIBBURA MAJARA, CHICKBALLAPUR TALUK 562 102 …RESPONDENTS (BY SRI. SOMASHEKARA K M., ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 OF CPC. 1908 AGAINST THE JUDGMENT AND DECREE DATED 09.11.2016 PASSED IN OS. NO. 123/2010 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT CHIKKABALLAPUR, DISMISSING THE SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT, AND ETC., THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:13823 RFA No. 1404 of 2023 CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL JUDGMENT The appellant has challenged the judgment and decree dated 18.11.2016 passed in O.S.No.123/2010 by the Court of Additional Senior Civil Judge and JMFC, Chickballapur, by which the suit for specific performance of the contract was dismissed and refund of the advance sale consideration of Rs.10,50,000/- was ordered. 2. When this appeal is listed for orders, it is brought to the notice of the Court by the learned counsel for the respondents that the respondents had filed RFA.No.300/2017 challenging the very same judgment and decree by which the trial Court directed them to refund a sum of Rs.10,50,000/-, and the Co-ordinate Bench of this Court, in terms of the judgment and decree dated 02.06.2023 in RFA.No.300/2017 had allowed the appeal and dismissed the suit on the ground that it was barred by limitation. He therefore contends that this - 4 - HC-KAR NC: 2026:KHC:13823 RFA No. 1404 of 2023 appeal is not maintainable in view of the finding of fact recorded in RFA.No.300/2017 to which the appellant was a party. 3. Learned counsel for the appellant does not dispute the same. 4. In view of the findings recorded by the Co- ordinate Bench of this Court in RFA.NO.300/2017, this appeal is dismissed. Sd/- (R. NATARAJ) JUDGE SSB