Regular Second Appeal concerning easementary rights over 'B' schedule property was dismissed as infructuous because the property was acquired by the National Highway Authority, making the dispute non-existent.
The appeal was dismissed as having become infructuous due to the acquisition of the subject property by the National Highway Authority.
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.
NC: 2023:KHC:22297 RSA No. 1271 of 2008
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
REGULAR SECOND APPEAL NO. 1271 OF 2008 (DEC/INJ)
BETWEEN:
SRI. M. MANOHAR KINI, S/O. MADHAVA KINI, AGED 47 YEARS, R/O.NO.1-108, KINI'S COTTAGE, MAROLI, MANGALORE-5, D.K.DISTRICT.
…APPELLANT
(BY SRI. A. MADHUSUDAN RAO, ADVOCATE)
AND:
Digitally signed by VIJAYALAKSHMI B N Location: HIGH COURT OF KARNATAKA
…RESPONDENT (BY SRI. A. KESHAVA BHAT, ADVOCATE) THIS RSA FILED U/S 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 14.02.2008 PASSED IN RA.NO.1/2002 ON THE FILE F THE I ADDL. CIVIL JUDGE (SR. DN.) AND CJM., MANGALORE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED 19.09.2001 PASSED IN OS.NO.241/1997 ON THE FILE OF THE III ADDL. CIVIL JUDGE (JR. DN.) MANGALORE.
NC: 2023:KHC:22297 RSA No. 1271 of 2008
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The Regular Second Appeal is filed challenging the Judgment and Award passed in R.A.No.1/2002 dated 14.02.2008 by the I Addl. Civil Judge (Sr.Dn.) and C.J.M, Mangalore, aggrieved by the affirming of the Judgment and Award passed in O.S.No.241/1997 dated 19.09.2001 on the file of the III Addl. Civil Judge (Jr.Dn.), Mangalore, D.K.
NC: 2023:KHC:22297 RSA No. 1271 of 2008
Sd/JUDGE
BNV
List No.: 2 Sl No.: 12
1 issue framed by the court
Whether the Regular Second Appeal seeking easementary rights over 'B' schedule property survives considering its subsequent acquisition by National Highway Authority.
SRI. M. MANOHAR KINI
SRI. B. IBRAHIM
HANCHATE SANJEEVKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
