Karnataka High Court
RFA/507/2014 of SRI GOPAL NAYAK Vs SRI N.B. SHIVASHANKARACHAR on 28 April 2026
NC: 2026:KHC:23789-DB RFA No. 507 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF REGULAR FIRST APPEAL NO. 507 OF 2014 BETWEEN: 1. SRI GOPAL NAYAK AGED ABOUT 57 YEARS,
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF APRIL, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
REGULAR FIRST APPEAL NO. 507 OF 2014
BETWEEN:
1.
SRI GOPAL NAYAK
AGED ABOUT 57 YEARS,
S/O MUNISHAMI NAYAKa
R/AT FRONT OF THE COURT ROJIPURA
4TH WARD, DODDABALLAPURA NAGAR
BANGALORE RURAL DISTRICT-561203
…APPELLANT
(BY SMT. DIVYA .K, ADVOCATE FOR
SRI. KRISHNA NAIK., ADVOCATE)
AND:
1.
SRI N.B. SHIVASHANKARACHAR
AGED ABOUT 67 YEARS,
S/O LATE BANAPPACHAR
2.
SRI. N.S. BALAKRISHNA
AGED ABOUT 42 YEARS,
S/O N.B. SHIVASHANKARACHAR
3.
SRI. N.B. CHIDAMBARACHAR,
AGED ABOUT 63 YEARS,
S/O LATE BANAPPACHAR,
4.
SRI. N.C. MAHESH
AGED ABOUT 36 YEARS,
S/O N.B. CHIDAMBARACHAR,
Digitally
signed by
VASANTHA
KUMARY B
K
Location:
HIGH
COURT OF
KARNATAKA
HC-KAR
R1 TO R4 ALL ARE R/AT NO.127,
SHIVASHRUTHI, YELLAMMA TEMPLE ROAD,
NAGAVARAPALYA, SRI.C.V.R. RAMAN POST,
BANGALORE-560 093
5.
SRI.M. HARISH
AGED ABOUT 29 YEARS,
S/O M.MUNI REDDY
R/AT ADDEVISHWANATHAPURA VILLAGE
BANGALORE NORTH TALUK-561203
…RESPONDENTS
(VIDE ORDER DATED 13.04.2016, NOTICE TO R1 & R2 IS HELD
SUFFICIENT;
R3 AND R4 ARE SERVED AND UNREPRESENTED;
SRI. H.V.SUBRAMANYA, ADVOCATE FOR R5)
THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 14.2.2014 PASSED IN
O.S.NO.210/2007 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND JMFC, DODDABALLAPUR, DECREEING THE SUIT FOR
SPECIFIC PERFORMANCE AND DECLARATION.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE T.M.NADAF
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ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)
Learned counsel for the appellant has filed a memo dated 28.04.2026 praying to dismiss the present regular first appeal as withdrawn.
HC-KAR
2. Memo is placed and the appeal is dismissed as withdrawn.
3. At the request of learned counsel for the appellant, since the matter is settled between the parties, the Court Fee paid shall be refunded to the appellant as per the relevant Rules.
4. In view of dismissal of the appeal, pending interlocutory applications, if any do not survive for consideration, hence stand disposed of.
Sd/- (D K SINGH) JUDGE
Sd/- (T.M.NADAF) JUDGE
NG CT:SN List No.: 1 Sl No.: 12