In a regular second appeal under Section 100 CPC, the High Court of Karnataka dismissed the appeal as it had become infructuous following the completion of final decree proceedings and Allotment of shares reported by the Court Commissioner. No other relief was granted.
Appeal dismissed as infructuous due to completion of final decree proceedings.
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.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF FEBRUARY, 2022
BEFORE
THE HON’BLE MR.JUSTICE M.G.S.KAMAL
R.S.A.NO.1228 OF 2013
BETWEEN:
SRI. KUMAR S/O LATE BASAVARAJAPPA AGED ABOUT 45 YEARS ARGICULUTURIST R/O DODDAKOPPA VILLAGE INORA GOLLAHALLI POST KANAKAPURA TALUK RAMANAGARA DISTRICT PIN CODE - 562 119.
… APPELLANT
(BY SRI. SMT. B.R. HARINI, ADVOCATE FOR SRI. R.B. SADASIVAPPA, ADVOCATE)
AND:
2
J. SHETTAHALLI HEGALA KOTE POST DENKANIKOTE TALUK DHARAMPURI DISTRICT TAMIL NADU STATE PIN CODE - 635 118.
(BY SRI. P.M. GOPI, ADVOCATE FOR SRI. P.M. SIDDAMALLAPPA FOR R1, R2 & R3; SRI. P.P. JAYAKUMAR, ADVOCATE FOR R5, R4 SERVED)
THE REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGEMENT AND DECREE DATED 24.04.2013 PASSED IN R.A. NO.73/2009 ON THE FILE OF PRESIDING OFFICER, FAST TRACK COURT, KANAKAPURA RAMANAGARA DISTRICT, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED:01.12.2007 PASSED IN OS NO.63/2005 ON THE FILE OF PRINCIPAL CIVIL JUDGE (SR.DN), RAMANAGARA.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Sri. P.M.Gopi, learned counsel appearing for
Sri.Sanathkumar Shetty K for the respondent Nos.1 to
3
3 has filed a memo dated 16.02.2022 along with judgment and order dated 22.12.2021 passed in F.D.P.No.7/2014 on the file Senior Civil Judge & JMFC, Kanakapura. Interms of which the final decree proceedings have been completed and a report of the Court Commissioner regarding the allotment of shares
has also been filed. The Final Decree Proceedings have been completed to the satisfaction of the parties. Learned counsel for respondents submits that nothing remains for consideration in the present appeal. Aforesaid memo is taken on record.
Smt.B.R.Harini, learned counsel for
Sri. R.B.Sadasivappa for appellant does not dispute the aforesaid fact.
In the circumstances, appeal is dismissed as having become infructuous.
Sd/-
JUDGE
RU
1 issue framed by the court
Whether the appeal which became infructuous after completion of final decree proceedings should be allowed.
1 provisions across 1 enactments
Sri. Kumar
Smt. Siddalingamma
Smt. Mangalamma
Smt. Parvathamma
Sri. C. Prakash
Sri. Mruthyunjaya
M.G.S. Kamal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
