The High Court of Karnataka disposed of a miscellaneous second appeal as becoming infructuous because the impugned order was set aside and the matter was disposed of on merits by the Trial Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF FEBRUARY, 2021
BEFORE
THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY
MISCELLANEOUS SECOND APPEAL No.15 OF 2015
BETWEEN:
1 . SMT JAYAMMA WIFE OF PUTTEGOWDA AGED ABOUT 55 YEARS TEACHER RESIDING AT BRAHMIN'S STREET KUNIGAL TUMKUR DISTRIT PIN CODE 572 130
2 . SRI PUTTEGOWDA TEACHER AGED ABOUT 65 YEARS RESIDING AT BRAHMIN S STREET KUNIGAL TUMKUR DISTRICT PIN CODE 572 130
3 . SMT SAKAMMA DAUGHTER OF PUTTEGOWDA AGED ABOUT 45 YEARS RESIDING AT BRAHMIN S STREET KUNIGAL TUMKUR DISTRICT PIN CODE 572 130
...APPELLANTS
(BY SRI. SIDDAMALLAPPA P.M., ADVOCATE)
2
MSA 15/2015
AND:
1 . SRI KRISHNAPPA SON OF LATE HANUMANTHAPPA AGED ABOUT 61 YEARS RESIDING AT BRAHMIN'S STREET KUNIGAL TOWN TUMKUR DISTRICT PIN CODE 572 130
2 . THE CHIEF OFFICER MUNICIPAL OFFICE KUNIGAL TUMKUR DISTRICT PIN CODE 572 130.
...RESPONDENTS
(BY SRI. M.V. MAHESHWARAPPA, ADVOCATE FOR R1; SRI. M.A. SUBRAMANI, ADVOCATE FOR R2)
THIS MISCELLANEOUS SECOND APPEAL IS FILED UNDER ORDER XLIII RULE 1(U) OF CPC PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 19.12.2014, PASSED IN R.A.NO.1/2009, BY SENIOR CIVIL JUDGE & JMFC, KUNIGAL AND CONSEQUENTLY CONFIRM THE JUDGMENT AND DECREE PASSED IN O.S. NO.84/2000 BY THE ADDL. CIVIL JUDGE (JR. DN.), KUNIGAL, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS MISCELLANEOUS SECOND APPEAL COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING / PHYSICAL HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
3
MSA 15/2015
ORDER
Learned counsel for the appellants who is physically
present in the Court filed a memo stating that in pursuance of the impugned order, the Trial Court has tried the matter afresh and disposed of the same on its merit by pronouncing the Judgment and passing a decree on the merit, as such, the present appeal does not survive for consideration.
In view of the memo and supporting submission, the appeal stands disposed of as having become infructuous.
Sd/JUDGE
sac*
2 issues framed by the court
Whether the present miscellaneous second appeal survives for consideration after the Trial Court disposed of the matter on merits.
What is the disposal status of an appeal that has become infructuous due to re-adjudication by the Trial Court.
1 provisions across 1 enactments
JAYAMMA
PUTTEGOWDA
SAKAMMA
KRISHNAPPA
CHIEF OFFICER MUNICIPAL OFFICE KUNIGAL
H.B.PRABHAKARA SASTRY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
