The High Court of Karnataka disposed of an appeal by second appeal as infructuous after the trial court disposed of the original suit against which the appeal arose.
The appeal is disposed of as 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.
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
M.S.A.No.78 OF 2016
BETWEEN:
Smt.Girijamma@ Baby, W/o M.Revannappa, Aged about 46 Years, Kanuru Kadakeri, Shikaripura Town, Shivamogga Dist:577 427. ..Appellant
(By Sri G.M.Ananda, Advocate )
And :
Smt.Neelamma, W/o Holagavalu Giddappa, Since dead by LR’s 2 to 7 :
2
MSA.No.78/2016
R/o Sankerakeri, Shikaripura Town, Shivamogga District-577427.
MSA.No.78/2016
3
( R-1 to R-8 served )
This MSA is filed under Order 43 Rule1(u) of CPC, against the judgment and decree dated 5.10.2015, passed in RA.No.20/2009 and 39/2010, on the file of learned III Addl.District Judge, Shivamogga, allowing the appeals and setting aside the judgment and decree dated 19.12.2008, passed in O.S.No.99/2007, on the file of the Civil Judge (Sr.Dn.,) and JMFC, Itinerary, Shikaripura, remitting back the matter to the trial Court for fresh disposal in accordance with law.
This MSA is coming on for Orders, through Physical Hearing/Video Conferencing Hearing this day, the Court made the following:
ORDER
Learned counsel for the appellant is physically present in the Court and request to accept the memo dated 29.1.2021, filed by the appellant, wherein she has stated that by virtue of disposal of the Original Suit No.99/2007, by the trial Court, out of which the present appeal had arisen, the present appeal has become infructuous. She makes the supporting submission on the lines of the memo.
MSA.No.78/2016 4
No.76/2016', whereas, the present MSA number is No.78/2016'. However, as submitted by learned counsel for the appellant, the very same letter subsequently clearly mentions that it is O.S.No.99/2007, which has been disposed of after its remand by the trial Court, as such, she would not press the present appeal.In view of disposal of the appeal, pending IAs. does not survive for consideration.
Sd/JUDGE
bk/-
Smt. Girijamma@ Baby
Smt. Neelamma
H.B.PRABHAKARA SASTRY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court