Disposed

Sri H S Ningappa v. Sri H S Nanjundappa

Karnataka HC17 Apr 2021RSA/2500/2018

Case brief

AI extract

What is this about?

This regular second appeal was filed under Section 100 of CPC. The appellant submitted that the matter became infructuous due to a subsequent decree. The court disposed of the appeal as infructuous, reserving liberty to urge contentions in a pending first appeal.

What did the court decide?

Appeal disposed of as infructuous; liberty reserved to urge contentions in pending first appeal.

Sri H S Ningappa Vs Sri H S Nanjundappa — 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 17^TH DAY OF APRIL, 2021

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BEFORE

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THE HON’BLE MR. JUSTICE NATARAJ RANGASWAMY

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REGULAR SECOND APPEAL NO.2500 OF 2018 (PAR)

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BETWEEN:

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SRI. H S NINGAPPA, S/O SRI. SHIVAPPA, AGE 48 YEARS, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER SMT. D M ANURADHA, R/O "BELAKU",III CROSS, UDAYAGIRI, CANARA BANK ROAD, HASSAN – 573 201.

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NOW RESIDING AT: ABHIMAN NILAYA, RICE MILL ROAD, HEBBANDI VILLAGE, KAVALGUNDI POST, BADRAVATI TALUK, SHIVAMOGGA DISTRICT.

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... APPELLANT

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(BY SRI.M.V.HIREMATH, ADVOCATE)

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AND:

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SRI. H S NANJUNDAPPA, S/O SRI SHIVAPPA, AGED ABOUT 56 YEARS, R/O BASAVESHWARA NAGAR, BHADRAVATHI – 577 301.

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SRI. H S PUTTAPPA @ PUTTASWAMY, S/O SRI SHIVALINGAPPA, OCCUPATION:AGRICULTURIST, R/O HEBBANDI VILLAGE, KAVALAGUNDI POST, BHADRAVATHI TALUK, BHADRAVATHI – 577 301.

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… RESPONDENTS

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THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 01.10.2018 PASSED IN R.A.NO.5001/2018 ON THE FILE OF THE IV ADDL. DISTRICT AND SESSIONS JUDGE, SHIMOGA, SITTING AT BHADRAVATHI DISMISSING THE APPEAL AND CONFIRMING THE ORDER DATED 22.11.2017 PASSED ON IA VII IN FDP NO.27/2012 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE AND JMFC, BHADRAVATHI REJECTING THE IA VII FILED UNDER ORDER XXVI RULE 10(A) OF CPC.

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THIS REGULAR SECOND APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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J U D G M E N T

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Learned counsel for the appellant submits that the final decree proceedings in F.D.P.No.27/2012 was disposed of finally in terms of the judgment and decree dated 20.11.2020 and the appellant has thereafter challenged the final decree in R.A.No.5002/2021. Learned counsel therefore requests that this appeal may be disposed of as having become infructuous reserving liberty to urge all

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contentions urged in this appeal before the First Appellate Court in R.A.No.5002/2021.

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In view of the aforesaid submission, this regular second appeal is disposed of as having become infructuous . However, liberty is reserved to the appellant to urge all contentions in the pending R.A.No.5002/2021 before the Civil Judge (Sr.Dn.) and J.M.F.C., Bhadravathi.

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Sd/JUDGE

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NR/-

Sri H S Ningappa v. Sri H S Nanjundappa

Case brief

What is this about?

What did the court decide?

Sri H S Ningappa v. Sri H S Nanjundappa

Case brief

What is this about?

What did the court decide?

What the court decided

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