IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 3RD DAY OF NOVEMBER, 2011 PRESENT THE HON BLE MR. JUSTICE N.K.PATIL AND THE HON t BLE MR. JUSTICE C.R.KUMARASWAMY REGULAR FIRST APPEAL NO.2423 OF 2006 APPELLANT SRI B M CHINNAI S/O MANIKLAL CHINAI AGED ABOUT 80 YEARS NO.432 AVENUE ROAD BANGALORE 2 AND ALSO CHINAI AND CO., NAGINDAS PHOOLCHAND CHINAT MEHRALI ROAD , BOMBAY 3 REPRESENTED BY POWER OF ATFORNEY HOLR SRI P.M.ASHWATHNARAYAN SHETrY S/O MUNIYAPPA SHErrY, AGED ABOUT 60 YEARS (BY SRLC.M.DESAI, & SRI.ARVIND.C.DESAI, ADVOCATES> -VIS RESPONDENTS I. SMT SANJEEVAMMA W/O LATE D ARASAPPA SINCE DECEASED BY LR’S 1(a) 2ND DEFENDANT OF THE SUIT (SRI.D.A.PURUSHOTHAM) 1(b) CHOODAMANI W/O LATE S.N,PARAPPA AGE MAJOR -:2:- RPA.NO.2423/2006 1(c) NALINI W/0 SHANKARAPPA-DAUGHTER AGE MAJOR 1(d) LOKAMATHA W/O LATE DASAPPA-DAUGHTER 1(e) LALITHA C/ 0 CHOODAMANI-DAUGHTER 1(f) PADMINI W/0 RAJASHEKAR-DAUGHTER 1(g) RENUKA W/0 MURTHY-DAUGHTER ALL ARE MAJORS AND R/AT NO.74 MAIN LALBAGH ROAD BANGALORE 27 2. D A PURUSHOTHAM S/0 LATE D ARASAPPA (ALSO L.R.OF 1ST DEFENDANT) 3. DR MRS V JAYALAKSHMAMMA WIO DR. N KRISHNAMURTHY AGE MAJOR RIAT NO.2 16, HOUSING BOARD COLONY KORAMANGALA LAYOUT BANGALORE 34 4, SRIDPSHARMA SIO DHANARAJ SHARMA AGE MAJOR SINCE DEAD BY HIS LRS C tiT Hh Cir1 of () () I -:3:- RFA.NO.2423/2006 4(a) SMT RAMAKANYA BAT AGED ABOUT 65 YEARS W/O LATE D P SHARMA 4(b) SRI.SURESH AGED ABOUT 42 YEARS 4(c) SRI SUNIL AGED ABOUT 33 YEARS 4(d) SMT.SANGEETHA AGED ABOUT 30 YEARS ALL ARE CHILDREN OF LATE D P SHARMA R/AT NO.328 C/U SHARMA TRANSPORT TSP ROAD KALASIPALYAM BANGALORE 2 5. SRICABDULAZEEZ S/U LATE MOHAMMED BHAKSHI MAJOR, NO.3 MOSQUE ROAD BASAVANAGUDI BANGALORE 4 SINCE DECEASED BY PROPOSED LRS 5(a) MAZBOOL JAN W/O LATE ABDUL AZEEZ AGED ABOUT 74 YEARS 5(b) ABUL WAHEED S/U LATE ABDUL AZEEZ AGED ABOUT 61 YEARS 5(c) ABDUL HAMEED S/U LATE ABDUL AZEEZ AGED ABOUT 57 YEARS V jI — -:4:- RFAN02423/ 2006 5(d) ABDUL JAFFAR SINCE DEAD BY HIS LRS 5(d)(i) SHANEENA (WIFE) 5(d((ii) JAMEEL JABBAR AGED ABOUT 25 YEARS 5(d)(iii) SHAKEEL JABBAR AGED ABOUT 29 YEARS 5(e) ABDUL SATI’AR S/O LATE ABDUL AZEEZ AGED ABOUT 35 YEARS 5(f) ABDULGAFFAR AGED ABOUT 51 YEARS S/O LATE ABDUL AZEEZ 5(g) ABDUL MAZEED S/O LATE ABDUL AZEEZ AGED ABOUT 47 YEARS 5(h) ABDUL AZEEM S/O LATE ABDUL AZEEZ AGED ABOUT 33 YEARS 5(i) HASEENATAZ D/O LATE ABDUL AZEEZ AGED ABOUT 53 YEARS 5(j) SMTMANA D/O LATE ABDUL AZEEZ AGED ABOUT 41 YEARS 5(k) SMT GULAB TAZ 5/0 LATE ABDUL AZEEZ AGED ABOUT 45 YEARS A ( r’. Ht Ba!re -:5:- RFA.NO.2423/2006 5(1) SMT NASEEM TAJ D/O LATE ABDUL AZEEZ AGED ABOUT 37 YEARS ALL ARE R/AT NO.68 ‘D’ CROSS MAIN, BCC COLONY 4TH T BLOCK JAYANAGAR BANGALORE 11 6. SRI MAHAMAD HAYAT S/O LATE MAHAMAD BHAKSHI MAJOR, R/AT NO.30 F STREET KALASIPALYAM NEW EXTENSION BANGALORE 2 (BY SRI.S.SIDDAPPA, Advocate for R6(d) Sri. P.S.MANJUNATH, Advocate for R6, Sri,NARASIMHACHAR, Advocate for R5(a)) This RFA filed U/S 96 of CPC., against the Judgment and Decree Dated: 05.8.2006 passed on IA in O.S.No.4013/ 1985 on the file of the XI ADDITIONAL CITY CIVIL JUDGE, BANGALORE CITY (CCH.NO.8) dismissing the suit for specific performance. This RFA coming on for Orders this day, the Court made the following: CopAr High (;o; 1 f3aniiore 56001)1 -:6:- RFA.NO.2423/ 2006 ORDER REGULAR FIRST APPEAL 2423/2006 Learned Counsel appearing for caveator/respondent 5A has filed a memo dated: 3.11.2011 stating that the power of attorney holder who filed the above appeal on behalf of B.M.Chinnai died on 28.12.2009. Therefore, the appeal filed by the appellant stands abated. Hence, it may be dismissed in the ends ofjustice. 2. Statement made in the memo is placed on record. 3. One week time granted for taking necessary steps failing which the appeal shall stand dismissed for non-prosecution without reference to the Court. Sd/ JUDGE. Sd! JUDGE. TBy :MG RBy:l. CBy: Cop Hh dfldJrp