The Court dismissed a Regular Second Appeal under Section 100 CPC as not maintainable. Since the underlying suit was dismissed after remand by the trial court, the appeal was held unjustified.
The appeal was dismissed as not maintainable as the underlying suit was dismissed on remand.
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.
RSA No. 1552 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF MAY, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
REGULAR SECOND APPEAL NO.1552 OF 2018 (MON)
BETWEEN:
S.A. MADAPPA S/O LATE ANNAIAH, ADVOCATE 1ST FLOOR, HONEY SOCIETY BUILDING, MAIN ROAD, VIRAJPET TOWN, R/AT APPAIAHSWAMY ROAD, VIRAJPET TOWN, KODAGU DISTRICT.
…APPELLANT (BY SRI. HARISH M G., ADVOCATE [ABSENT])
AND:
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
D.C. DEVAIAH S/O LATE D.CHITTIAPPA, R/AT KUMBALADALU VILLAGE, NAPOKLU NADU, MADIKERI TALUK, KODAGU DISTRICT.
…RESPONDENT
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC, SEEKING CERTAIN RELEIFS.
THIS APPEAL IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
RSA No. 1552 of 2018
ORDER
When the matter is called, there is no representation for the appellant.
The matter is listed today for orders regarding maintainability of the appeal filed under Order 43 Rule 1(U) of CPC.
On perusal of the judgment, the appeal is remanded to the trial Court. Hence, the office is justified in raising the objection regarding maintainability of the appeal.
The case status of the suit has been verified by the Registry through E-court services and it depicts that after remand, the Original Suit came to be dismissed on 23.11.2021.
Resultantly, the Regular Second Appeal is dismissed as not maintainable.
TKN List No.: 1 Sl No.: 31
Sd/JUDGE
2 issues framed by the court
Whether the regular second appeal is maintainable after the original suit has been dismissed on remand.
Whether the appeal filed under Section 100 of CPC and Order 43 Rule 1(U) of CPC can be sustained when the underlying suit is dismissed post-remand.
2 provisions across 1 enactments
S.A. Madappa
D.C. Devaiyah
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
