The High Court of Karnataka disposed of a Miscellaneous Second Appeal as infructuous because the Trial Court had disposed of the original suit during the appeal's pendency.
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 9TH DAY OF FEBRUARY, 2021
BEFORE
THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY
MISCELLANEOUS SECOND APPEAL No.51 OF 2018
BETWEEN:
1 . MANGALORE ELECTRICITY SUPPLY COMPANY LIMITED (MESCOM) MANGALURU REPRESENTED BY ITS CHIEF EXECUTIVE ENGINEER/ EXECUTIVE ENGINEER (ELE) ATTAVARA, MANGALURU-575 001
2 . ASSISTANT EXECUTIVE ENGINEER (ELE) NO.1, SUB DIVISION, MESCOM, ATTAVARA, MANGALURU-575 001
...APPELLANTS
(BY SRI. H.V. DEVARAJU, ADVOCATE)
AND:
1 . MR.M. SEEDIABBA S/O M IBRAHIM, PRESENTLY AGED ABOUT 70 YEARS, R/AT ALANKAR GUDDA, TALAPADY, MANGALURU TALUK-575 001
2 . MRS. MUMTAZ W/O MR. M.K. MOHAMMED ANIFA
2
MSA 51/2018
PRESENTLY AGED ABOUT 48 YEARS, R/AT MINAZ COTTAGE, AMIRTH NAGAR, PANDESHWAR, MANGALURU TALUK-575 001.
....RESPONDENTS
(BY SRI. O. SHIVARAMA BHAT, ADVOCATE )
THIS MISCELLANEOUS SECOND APPEAL IS FILED UNDER ORDER XLIII RULE 1(U) OF CPC PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 11.09.2017, PASSED IN R.A.NO.13/2014, BY III ADDL. SENIOR CIVIL JUDGE, MANGALURU, DAKSHINA KANNADA, REVERSING THE ORDER DATED 21.12.2013 ON I.A.3 FILED IN O.S. NO.612/2013 ON THE FILE OF III ADDL. CIVIL JUDGE & JMFC, MANGALURU, AND DISPOSE OF THE SAME WITH COST IN THE INTEREST OF JUSTICE.
THIS MISCELLANEOUS SECOND APPEAL COMING ON FOR ADMISSION ALONG WITH I.A.2/2018 THROUGH VIDEO CONFERENCING / PHYSICAL HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The appellants herein have challenged the setting aside of the Judgment and Decree dated 21.12.2013 passed in O.S.No.612/2013, by the III Addl. Civil Judge, Mangaluru (for brevity, ‘Trial Court’) by the First Appellate Court i.e. the III Addl. Senior Civil Judge & JMFC, Mangaluru, in R.A. 13/2014 and remanding the matter back to the Trial Court for its fresh disposal in accordance with law.
MSA 51/2018 3
27.01.2021 submitting that during the pendency of this Miscellaneous Second Appeal and subsequent to the remand made by the First Appellate Court, the Trial Court has proceeded in the matter and has disposed of the original suit in O.S.No.612/2013 by pronouncing the Judgment on merit on 06.01.2021. With this, the appellants have submitted that in view of the same, the present appeal has become infructuous.
In view of the memo and supporting submissions made, the appeal stands disposed of as having become infructuous.
In view of disposal of the main appeal, I.A.2/2018
does not survive for consideration.
Sd/-
JUDGE sac*
Mangalore Electricity Supply Company Limited
M.M. Seediabba
Mrs. Mumtaz
Dr. Justice H.B.Prabhakar Sastry
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
