The High Court of Karnataka dismissed a miscellaneous first appeal under Order 43 Rule 1(r) CPC as infructuous on the ground that the underlying suit had been disposed of prior to the hearing of the appeal.
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 20TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD MISCELLANEOUS FIRST APPEAL NO. 908 OF 2020 (CPC)
BETWEEN:
Digitally signed by DHANALAKSHMI MURTHY Location: High Court of Karnataka
NC: 2023:KHC:41493 MFA No. 908 of 2020
R2 TO R7 ARE RESIDING AT UGRANIBETTU POST:MARNE VILLAGE-576120 KARKALA TALUK, UDUPI DISTRICT AND ARE REPRESENTED BY THEIR POWER OF ATTORNEY SRI. UMESH SHETTY APPELLANT No.5.
…APPELLANTS
(BY SRI. CHANDRANATH ARIGA K., ADVOCATE)
AND:
D/O LATE MUDDU SHETTY AGED ABOUT 58 YEARS BOLDATTA, MARNE VILLAGE-576120 KARKALA TALUK, UDUPI DISTRICT.
…RESPONDENTS
(BY SMT.LAKSHMI DEVI K., ADVOCATE FOR SRI. PRASANNA V.R., ADVOCATE FOR R1 & R2)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED. 21.12.2019, PASSED ON IA.NO.2, IN O.S. NO.121/2019, ON THE FILE OF THE SENIOR CIVIL JUDGE AND ACJM., KARKALA, REJECTING THE IA.NO.II, FILED UNDER ORDER 39 RULES 1 AND 2 AND SECTION 151 OF CPC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
NC: 2023:KHC:41493 MFA No. 908 of 2020
JUDGMENT
Learned counsel appearing for the appellants filed a
memo stating that the suit itself has been disposed of.
Hence, this appeal does not survive for consideration.
infructuous.
Sd/JUDGE
CM
List No.: 2 Sl No.: 18
1 issue framed by the court
Whether the miscellaneous first appeal survives when the main suit has been disposed of.
1 provisions across 1 enactments
Sri Narayana Shetty W/o Late Muddu Shetty
Smt. Indira Shetty W/o Late Vittala Shetty
Sri.Harish Shetty S/o Late Vittala Shetty
Sri. Suresh Shetty S/o Late Vittala Shetty
Sri. Umesh Shety S/o Late Vittala Shetty
Smt. Asha Shetty D/o Late Vittala Shetty
H.T. Narendra Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
