Court dismissed a regular first appeal filed under Section 96 of CPC against a partition suit judgment because the final decree proceedings had already been concluded, rendering the appeal infructuous.
Appeal dismissed as infructuous; I.A. No.1/2018 disposed of.
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1 NC: 2023:KHC:21467-DB RFA No. 1041 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JUNE, 2023
PRESENT
THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR
AND
THE HON'BLE MR. JUSTICE T.G. SHIVASHANKARE GOWDA
REGULAR FIRST APPEAL NO.1041 OF 2018 (PAR)
Digitally signed by ANUSHA V Location: HIGH COURT OF KARNATAKA
BETWEEN:
(BY SHRI. C. VIJAYA KUMAR AND SHRI. H.M. RAJASHEKARA, ADVOCATES – [ABSENT])
AND:
2 NC: 2023:KHC:21467-DB RFA No. 1041 of 2018
R/O THIMMANAYAKANAHALLI VILLAGE KASABA HOBLI MALUR TALUK-563 130
PIN CODE-563 130 …RESPONDENTS
(BY SHRI. L.M. RAMAIAH GOWDA, ADVOCATEFOR R1)
THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 27.02.2018 PASSED IN OS NO.102/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE, MALUR, DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.
THIS RFA, COMING ON FOR ADMISSION , THIS DAY, P.S.DINESH KUMAR, J. , DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is of the year 2018. None appears for
the appellant.
3 NC: 2023:KHC:21467-DB RFA No. 1041 of 2018
He submits that in view that final decree has been drawn, this appeal is rendered infructuous.
His submission is placed on record. He has filed a
memo to the said effect and it reads as follows;
“The 1st respondent respectfully submits that, in pursuance of the judgment and preliminary decree dated 27/02/2018, passed by the court of Senior Civil Judge and JMFC at Malur in suit O.S.No.102/2015, the Final decree proceedings came to be initiated in F.D.P.No.6/2018. The Final decree proceedings came to be passed on 06/02/2021, accepting the report of the court Commissioner appointed in the said proceedings. Hence, the above appeal had become infructuous. The copy of the Final decree proceedings drawn in F.D.P.No.6/2018 is produced herewith for kind perusal of this Hon’ble court, to meet the ends of justice.”
does not survive for consideration and the same stands disposed of .
No costs.
Sd/-
JUDGE
Sd/JUDGE
AV
List No.: 1 Sl No.: 38
1 issue framed by the court
Whether the regular first appeal is maintainable after the final decree proceedings have been completed.
1 provisions across 1 enactments
VENKATESHAPPA
NARAYANAPPA
VENKATAGIRIYAMMA
SONNAMMA
LAKSHMAKKA
VENKATAGIRIYAPPA
P.S.DINESH KUMAR
T.G. SHIVASHANKARE GOWDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
