The Karnataka High Court dismissed a Miscellaneous First Appeal filed under Order 43 Rule 1(r) r/w Section 151 CPC against an interim order. The court held that since the underlying suit was already disposed of, the appeal became infructuous and cannot survive.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD MISCELLANEOUS FIRST APPEAL NO. 2194 OF 2022 (CPC)
BETWEEN:
SMT SAVITHRAMMA AGED ABOUT 65 YEARS W/O LATE CHIKKARANGAIAH R/AT NO.13/1,LIC COLONY YESHWANTHAPUR BENGALURU 560 022.
…APPELLANT
(BY SRI. MADHAUSUDHAN ADIGA B., ADVOCATE [ABSENT])
AND:
Digitally signed by DHANALAKSHMI MURTHY Location: High Court of Karnataka
P KRISHNAMURTHY AGED ABOUT 69 YEARS S/O RANGASWAMY R/AT NO.120/2 1ST C CROSS V R GARDEN NEAR LIC COLONY YESHWANTHAPUR BENGALURU 560 022
…RESPONDENT THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 08.02.2022 PASSED ON I.A.NO.2 IN OS.NO.4409/2021 ON THE FILE OF THE VII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGLURU, CCH.NO.19, DISMISSING THE I.A.NO.2 THE FILED UNDER ORDER 39 RULE 4 OF CPC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
None appears for the appellant.
been disposed of. Hence, the appeal does not survive for consideration.
infructuous.
Sd/JUDGE
CM
List No.: 1 Sl No.: 55
1 issue framed by the court
Whether the Miscellaneous First Appeal survives for consideration when the underlying suit has been disposed of.
2 provisions across 1 enactments
Savitramma Aged About 65 Years W/O Late Chikkarangaiyah
P Krishnamurthy Aged About 69 Years S/O Rangaswamy
H.T. Narendra Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
