In this maintenance and separation appeal MSA No.56/2018, the Registrar dismissed the appeal as infructuous. The appeal was rendered infructuous because a subsequent development was placed on record, not detailed in this order, leading to the dismissal without further reasoning or finding.
The appeal is dismissed as having become infructuous.
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.
MSA NO.56/2018
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF SEPTEMBER, 2021
BEFORE
THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ
M.S.A. NO.56/2018
BETWEEN:
NINGAIAH @ YAJAMANA NINGAIAH, S/O KURI CHANNAIAH, AGED ABOUT 66 YEARS, RESIDING AT KURI BOMMAIAHNAHATTY IN GIRIYAMMANAHALLY VILLAGE, THALAK HOBLI, CHALLAKERE TALUK, CHITRADURGA DISTRICT - 577 522.
... APPELLANT
(BY SRI. SIDDAPPA B. M., ADVOCATE)
AND:
AGED ABOUT 51 YEARS,
R/O TURUVANUR VILLAGE,
CHITRADURGA TALUK AND DISTRICT - 577 501.
MSA NO.56/2018
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AGED ABOUT 80 YEARS,
MSA NO.56/2018
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MSA NO.56/2018
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ALL ARE AGRICULTURISTS, R/O KURI BOMMAIAHANAHATTY, GIRIYAMMANAHALLY VILLAGE, THALAK HOBLI, CHALLAKERE TALUK - 577 522.
… RESPONDENTS
THIS MSA FILED UNDER ORDER 43 RULE 1(u) OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 19.4.2017 PASSED IN RA NO.31/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, CHALLAKERE, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 7.10.2015 PASSED IN OS NO.79/2011 ON THE FILE OF THE CIVIL JUDGE AND JMFC, MOLAKALMURU AND REMANDING THE MATTER BACK TO THE LOWER COURT WITH A DIRECTION TO APPOINT PDO OF TALAK AND SURVEYOR AS COURT COMMISSIONERS FOR LOCAL INSPECTION OF THE SUIT PROPERTY AS OBSERVED IN THE JUDGMENT AND AFTER RECEIVING THE COMMISSIONER REPORT, AFTER GIVING AN OPPORTUNITY TO THE BOTH PARTIES TO LEAD EVIDENCE.
*****
THIS MSA COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
JUDGMENT
submits that the above appeal has been rendered infructuous and the same may be dismissed as infructuous.
MSA NO.56/2018
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Sd/JUDGE
KTY
NINGAIAH @ YAJAMANA NINGAIAH
LAKSHMAMMA
THIPPAMMA
LAKSHMAIAH
THIPPAIAH S/O CHINNAIAH
CHANNAMMA W/O BANGARAIAH
SURAJ GOVINDARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
