Dismissed

Smt B a Shilpa v. Sri B Basavaraju

Karnataka HC24 May 2023RSA/2050/2017

Case brief

AI extract

What is this about?

This is a Regular Second Appeal under Section 100 CPC challenging the order of the trial court on maintainability. The High Court observed that the original suit, after remand, was decreed on 04.01.2020. Consequently, the appeal was dismissed as not maintainable.

What did the court decide?

The Regular Second Appeal was dismissed as not maintainable due to the decree passed on the remanded suit.

Smt B a Shilpa Vs Sri B Basavaraju — Civil Procedure and Limitation | Karnataka HC (2023)

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RSA No. 2050 of 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 24^TH DAY OF MAY, 2023

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR SECOND APPEAL NO.2050 OF 2017 (DEC/INJ)

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BETWEEN:

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SMT. B.A.SHILPA D/O ANKAIAH, AGED ABOUT 30 YEARS.

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SMT.B.A.SOWMYA D/O ANKAIAH, AGED ABOUT 28 YEARS.

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SRI.B.A.BHASKAR S/O ANKAIAH, AGED ABOUT 24 YEARS.

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SRI.B.A.RAKESH S/O ANKAIAH, AGED ABOUT 22 YEARS,

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Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA

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ALL ARE R/AT KENCHALGUDU,

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RAYANAKERE POST, JAYAPURA HOBLI, MYSORE TALUK - 570 008.

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…APPELLANTS

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(BY SRI.SWAMY M.M., ADVOCATE)

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AND:

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SRI B.BASAVARAJU D/O LATE BASAVAIAH, AGED ABOUT 51 YEARS, WORKING IN VETERINARY DEPARTMENT, BETTADAPURA HOBLI, PERIYAPATNA TALUK.

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RSA No. 2050 of 2017

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SRI.B.JAGADISH S/O LATE BASAVAIAH, AGED ABOUT 43 YEARS, R/AT KENCHALGUDU, RAYANAKERE POST, JAYAPURA HOBLI - 570 008, MYSORE TALUK.

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SMT. MANGALAGOWRI D/O LATE BASAVAIAH, W/O MARI PUTTAIAH, AGED ABOUT 51 YEARS, R/AT D.NO.230, ALANAHALLI VILLAGE, KASABA HOBLI - 570 026, MYSORE TALUK.

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SMT. BHAGYALAKSHMI D/O LATE BASAVAIAH, W/O SANNAKOOSAIAH, AGED ABOUT 41 YEARS R/AT KALIHUNDI, CHICKOUR POST, SARGOR POST - 571 121, H.D.KOTE TALUK.

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SMT. NAGAMMA D/O LATE BASAVAIAH, W/O PUTTASWAMY, AGED ABOUT 39 YEARS, R/AT BONTHAGALLI HUNDI, CHIKKA ANKANAHALLI POST, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 617.

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SMT. DHANALAKSHMI D/O LATE BASAVAIAH, W/O MARIDANDAIAH @ RAJU, AGED ABOUT 46 YEARS, R/AT D.NO.2407, 13^TH CROSS, ASHOKA PURAM - 570 008, MYSORE.

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…RESPONDENTS

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RSA No. 2050 of 2017

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THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC, SEEKING CERTAIN RELIEFS.

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THIS APPEAL IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Sri.M.M.Swamy., learned counsel for appellants has appeared in person.

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The captioned appeal is listed today for orders regarding maintainability of the appeal filed under Order 43 Rule 1(U) of CPC.

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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.

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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 has been decreed on 04.01.2020.

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Resultantly, the Regular Second Appeal is dismissed as not maintainable.

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Sd/JUDGE

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List No.: 1 Sl No.: 16

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TKN

Smt B a Shilpa v. Sri B Basavaraju

Case brief

What is this about?

What did the court decide?

Smt B a Shilpa v. Sri B Basavaraju

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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