The Regular Second Appeal was dismissed as infructuous. The appellant submitted that a final decree was passed in the underlying regular appeal on 29.07.2022, rendering the present appeal without substance.
The appeal is dismissed as having become infructuous.
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RSA No. 832 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO.832 OF 2021 (PAR)
BETWEEN:
MR. RAVINDRA, S/O SHARADA, AGED ABOUT 74 YEARS, R/AT MOODUMANE KALLOI, MALAVUR VILLAGE, KENJAR POST, MANGALURU, D.K. DISTRICT 574142.
…APPELLANT
(BY SRI K. RAVISHANKAR, ADVOCATE)
AND:
Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA
RSA No. 832 of 2021
R2 TO R7 ARE CHILDREN OF SHARADA R2, ALL ARE MAJOR, ALL ARE R/AT MOODUMANE, KALLOI MALAVUR VILLAGE, KENJAR POST, MANGALURU 574142.
R10 AND R11 ARE CHILDREN OF CHANDRASHEKARA, R10 AND R11 ARE R/AT D NO 26-1-102, PALLA HOUSE GORIGUDDA, KANKANADY POST, MANGALURU 575002.
RSA No. 832 of 2021
R17 IS THE WIFE AND R18 TO R21 ARE THE CHILDREN OF LATE K. RAMA, R/AT DALADI HOSAMANE, YEDTHADY VILLAGE AND POST, VIA SIABARIKATTE, UDUPI 575210.
RSA No. 832 of 2021
KOPPALA KADU, YEYYADI, KONCHADY, MANGALURU 575008.
R26 TO R30 ARE THE CHILDREN OF LATE K. NARAYANA DEVADIGA.
…RESPONDENTS
THIS R.S.A. IS FILED UNDER SECTION 100 CPC, 1908 AGAINST THE JUDGMENT AND DECREE DATED 24.03.2021 PASSED IN RA.NO.260/2019 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MANGALURU, D.K, ALLOWING THE APPEAL AND SETTING ASIDE THE
RSA No. 832 of 2021
ORDER DATED 07.12.2019 PASSED IN FDP.NO.62/1990 ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE, MANGALURU D.K.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
The learned counsel for the appellant submits that
final decree is drawn on 29.07.2022 and hence the
appeal has become infructuous.
dismissed as having become infructuous.
Sd/JUDGE
MD
List No.: 2 Sl No.: 11
1 issue framed by the court
Whether the regular second appeal has become infructuous due to the passing of a final decree in the subordinate appeal.
Mr. Ravindra
Smt. Rukmini
Bhavani Shankar
Sharada
Sujatha @ Sunanda
Raghavendra
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
