The High Court found that the underlying suit was disposed of by settlement, rendering the civil appeal infructuous. Consequently, the appeal was dismissed without considering its merits on the facts of the case.
The first appeal is dismissed as the underlying suit has been disposed of, rendering the appeal 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 6TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD MISCELLANEOUS FIRST APPEAL NO. 1855 OF 2022(CPC)
BETWEEN:
S/O M B MAHADEVAIAH AGED ABOUT 39 YEARS R/AT MEDAHALLI VILLAGE BEING OLD MAJJID Digitally signed by VIRGONAGAR POST DHANALAKSHMI BANGALORE EAST TALUK MURTHY BANGALORE-560049 Location: High Court of Karnataka
(BY SRI. CHANDRASHEKAR C.,ADVOCATE)
…APPELLANTS
AND:
VIRGONAGAR POST BANGALORE EAST TALUK BANGALORE 560 049.
R5 & R6 ARE R/AT NO.101 CAMBRIDGE ENGINEERING COLLEGE ROAD BEHIND J B FLOORINGS
OLD MADRAS ROAD KRISHNARAJAPURA BANGALORE 560036.
…RESPONDENTS
(BY SRI.C SHANKAR REDDY., ADVOCATE FOR C/R5 & R6)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 18.01.2022 PASSED ON I.A. IN OS.NO. 668/2021 ON THE FILE OF THE V ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, DISMISSING THE I.A. FILED UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
become infructuous.
Sd/JUDGE
HA
List No.: 1 Sl No.: 15
1 issue framed by the court
Whether a civil appeal against the dismissal of an interlocutory application becomes infructuous upon settlement of the dispute.
2 provisions across 1 enactments
SMT PARVATHAMMA D/O M B MAHADEVAIAH W/O VASUDEVA
UMASHANKAR S/O M B MAHADEVAIAH
M B MAHADEVAIAH S/O LATE BEERAPPA
SMT M INDIRA D/O M B MAHADEVAIAH W/O NAGENDRA
SMT M HEMAVATHI D/O M B MAHADEVAIAH W/O SUNDARESH
M GURU MALLESHA S/O M G MAHADEVAIAH
H.T. NARENDRA PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
