Dismissed

Mangalore Electricity Supply v. Mr.M.Seediabba

Karnataka HC9 Feb 2021MSA/53/2018

Case brief

AI extract

What is this about?

The High Court at Bengaluru dismissed a Miscellaneous Second Appeal filed by MESCOM as infructuous after discovering that the Trial Court had disposed of the remanded original suit prior to the hearing of this appeal. Consequently, the accompanying interim application was also disposed of.

What did the court decide?

Chief Appellate Order disposed of as infructuous. Interim application also disposed of as main appeal disposed.

Mangalore Electricity Supply Vs… — Civil Procedure and Limitation | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 9^TH DAY OF FEBRUARY, 2021

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BEFORE

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THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY MISCELLANEOUS SECOND APPEAL No.53 OF 2018

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BETWEEN:

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1 . MANGALORE ELECTRICITY SUPPLY COMPANY LIMITED (MESCOM) MANGALURU REPRESENTED BY ITS CHIEF EXECUTIVE ENGINEER/ EXECUTIVE ENGINEER (ELE) ATTAVARA, MANGALURU-575 001

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2 . ASSISTANT EXECUTIVE ENGINEER (ELE) NO.1, SUB DIVISION, MESCOM, ATTAVARA, MANGALURU-575 001

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...APPELLANTS

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(BY SRI. H.V. DEVARAJU, ADVOCATE)

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AND:

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1 . MR.M.SEEDIABBA S/O M IBRAHIM, PRESENTLY AGED ABOUT 70 YEARS, R/AT ALANKAR GUDDA, TALAPADY, MANGALURU TALUK-575001 2 . MR. M K MOHAMMED ANIFA S/O M ABUBAKKER HAJEE, MUSLIM

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MSA 53/2018

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PRESENTLY AGED ABOUT 58 YEARS, R/AT MINAZ COTTAGE, AMIRTH NAGAR, PANDESHWAR, MANGALURU TALUK-575001

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....RESPONDENTS

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(BY SRI. O. SHIVARAMA BHAT, ADVOCATE )

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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.10/2014, 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.613/2013 ON THE FILE OF III ADDL. CIVIL JUDGE & JMFC, MANGALURU, AND DISPOSE OF THE SAME WITH COST IN THE INTEREST OF JUSTICE.

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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:

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ORDER

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The appellants herein have challenged the setting aside of the Judgment and Decree dated 21.12.2013 passed in O.S.No.613/2013, 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. 10/2014 and remanding the matter back to the Trial Court for its fresh disposal in accordance with law.

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MSA 53/2018 3

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The appellants have filed a memo dated

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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.613/2013 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.

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Learned counsel for the appellants also makes

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supporting submission on the lines of the memo.

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In view of the memo and supporting submissions made, the appeal stands disposed of as having become infructuous.

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In view of disposal of the main appeal, I.A.2/2018 does not survive for consideration.

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Sd/-

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JUDGE sac*

Mangalore Electricity Supply v. Mr.M.Seediabba

Case brief

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Mangalore Electricity Supply v. Mr.M.Seediabba

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Mangalore Electricity Supply Vs Mr.M.Seediabba