Regular second appeal dismissed as infructuous since appellant vacated and surrendered possession of the schedule premises to respondents.
Appeal dismissed as infructuous due to surrender of possession by appellant to respondents.
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 8TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 395 OF 2018 (POS)
BETWEEN:
…APPELLANT
***(BY SRI SACHIN B.S., ADVOCATE)
AND:
SRI A. HARSHA V. RAI SINCE DEAD BY HIS LRS
Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI PUNDIKAI ISHWARA BHAT, ADVOCATEN FOR C/R1-R4)
THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 17.11.2017 PASSED IN R.A.NO.1/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM MANGALURU, D.K, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 09.10.2014 PASSED IN O.S.NO.308/2013 ON THE FILE OF THE V ADDITIONAL CIVIL JUDGE AND JMFC, MANGALURU, D.K.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the respondents has filed a memo stating that the appellant has vacated and surrendered vacant
possession of the schedule premises in favour of the respondents and in view of the same, the appeal has rendered itself infructuous.
NC: 2023:KHC:27834 RSA No. 395 of 2018
Learned counsel for the appellant also not disputes the same.
Hence, the appeal is dismissed as having become
infructuous.
Sd/JUDGE
ST
List No.: 1 Sl No.: 5
SRI GUNAPALA N.
SRI A. HARSHA V. RAI SINCE DEAD BY HIS LRS
SMT. RASIKA H. RAI
PARIKSHITH RAI A.
RAMYA
MR. A. SANTHOSH V. RAI
H.P. SANDESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
