Karnataka High Court
RFA/376/2020 of K S SURESH Vs SANTHOSH KUMAR on 1 October 2026
CNR: KAHC010506092019 NC: 2026:KHC:54775 RFA No. 376 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 376 OF 2020 (SP) BETWEEN: K.S.SURESH, S/O. K.S. SHANKARAPPA GOWDA, AGED ABOUT
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE RAJESH RAI K
REGULAR FIRST APPEAL NO. 376 OF 2020 (SP)
BETWEEN:
K.S.SURESH,
S/O. K.S. SHANKARAPPA GOWDA,
AGED ABOUT 56 YEARS,
R/AT KAIMARA,
HOSAHALLI VILLAGE,
UNTOOR KATTE,
KAIMARA POST,
THIRTHAHALLI TALUK,
SHIVAMOGGA DIST 577 432.
…APPELLANT
(BY SRI. CHANDRASHEKAR, ADVOCATE)
AND:
1.
SANTHOSH KUMAR
S/O. SANJEEVA POOJARI,
AGED ABOUT 41 YEARS,
R/O BALEBYLU,
THIRTHAHALLI TALUK,
SHIVAMOGGA DIST 577 432.
Digitally signed
by PANKAJA S
Location: HIGH
COURT OF
KARNATAKA
HC-KAR
2.
SUJATHA E
W/O. K.S.SURESH,
AGED ABOUT 54 YEARS,
3.
SANKETH K.S.
S/O K.S.SURESH,
AGED ABOUT 27 YEARS,
BOTH ARE R/O R/AT KAIMARA,
HOSAHALLI VILLAGE,
UNTOOR KATTE, KAIMARA POST,
THIRTHAHALLI TALUK,
SHIVAMOGGA DIST 577 432.
…RESPONDENTS
(BY SRI. PRASAD B.S., ADVOCATE FOR R-1;
NOTICE TO R-2 AND R-3 SD BUT UNREPRESENTED)
THIS RFA IS FILED UNDER SECTION 96 OF CPC PRAYING
CALL FOR RECORDS AND SET ASIDE THE JUDGMENT AND
DECREE DATED 21.08.2019 PASSED BY THE LEARNED SENIOR
CIVIL JUDGE & J.M.F.C., AT THIRTHAHALLI IN O.S.NO.2/2014
BY DISMISSING THE SUIT OF THE PLAINTIFF
/ 1ST
RESPONDENT
HEREIN
FOR
SPECIFIC
PERFORMANCE
OF
CONTRACT AGREEMENT DTD:5.7.2011 AND GRANT SUCH
OTHER RELIEF OR RELIEFS AS THIS HON'BLE COURT DEEMS
FIT TO GRANT, WITH COST THROUGHOUT, IN THE INTEREST
OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
HC-KAR
CORAM: HON'BLE MR. JUSTICE RAJESH RAI K
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ORAL JUDGMENT
In view of the judgment dated 08.07.2026 passed in W.P.No.17588/2024 c/w W.A.No.200260/2025 (GM-RES), by the Division Bench of this Court, which is affirmed by the Hon'ble Apex Court in Diary No.41232/2026 in SLP (C) No.025075/2026, this matter is required to be heard and disposed by the jurisdictional District Court. Accordingly, Registry is directed to transmit the entire file including the trial Court records, if any, relating to the appeal to the jurisdictional District Court.
Interim order granted, if any, shall continue till further orders to be passed by the jurisdictional District Court.
Accordingly, for statistical purpose, the appeal is disposed of.
The parties shall appear before the jurisdictional District Court on 11.11.2026 without awaiting any further notice.
SD/- (RAJESH RAI K) JUDGE
GPG/List No.: 1 Sl No.: 35