The High Court dismissed a second appeal regarding partition of property as redundant and infructuous. A subsequent suit between the parties resulted in a compromise decree, rendering the present appeal unnecessary.
Appeal dismissed as having become infructuous due to a compromise decree in a subsequent suit.
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 10TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 935 OF 2014 (PAR)
BETWEEN:
BOTH ARE R/A KASAGHATTA VILLAGE, DODDABELAVNGALA HOBLI, DODDABALLAPUR - 561 203.
…APPELLANTS
(BY SRI. HARSHA D. JOSHI, ADVOCATE)
Digitally signed by SUNITHA GANGARAJU
Location: High Court of Karnataka
AND:
BOTH ARE R/A KASAGHATTA VILLAGE, DODDABELAVNGALA HOBLI, DODDABALLAPUR - 561 203.
…RESPONDENTS
(BY SRI. CHANDRASHEKAR PATIL, ADVOCATE FOR R2; R3 SERVED; VIDE ORDER DATED 21.06.2016, NOTICE TO R1 & R4 ARE HELD SUFFICIENT; VIDE ORDER DATED 22.02.2019, APPEAL AGAINST R5 IS DISMISSED AS ABATED)
THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DATED 18.2.2014 PASSED IN R.A.NO.321/2012 ON THE FILE OF IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, DODDABALLAPUR, BANGALORE RURAL DISTRICT, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 30.5.2012 PASSED IN OS.NO.354/2006 ON THE FILE OF SENIOR CIVIL JUDGE, DODDABALLAPURA.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This second appeal is filed by the appellants challenging the judgment and decree dated 18/02/2014 passed by the IV Additional District and Sessions Judge, Doddaballapur, Bangalore Rural District, Bangalore in R.A.No.321/2012, confirming the judgment and decree dated 30/05/2012 passed by learned Senior Civil Judge and JMFC, Doddaballapura in O.S.No.354/2006.
Plaintiffs filed a suit for the partition and separate possession in respect of suit schedule properties against the defendants. The said suit came to be dismissed by the Trial Court vide judgment dated 30.05.2012. The plaintiffs aggrieved by the judgment and decree passed by the Trial Court preferred an appeal in R.A.No.321/2012.
NC: 2023:KHC:40354 RSA No. 935 of 2014
NC: 2023:KHC:40354 RSA No. 935 of 2014
consideration and the appeal has become redundant.
having become infructuous.
Sd/JUDGE
GBB List No.: 1 Sl No.: 17 CT:SK
1 issue framed by the court
Whether the second appeal survives for consideration given a compromise decree in a subsequent suits involving same properties.
SRI. MUTHARAYAPPA S/O LATE CHENNAPPA
SRI. HANUMANTHARAYAPPA S/O LATE KEMPAIAH
SRI. HANUMANTHARAYAPPA S/O ANJINAPPA
SRI. CHIKKA ANJINAPPA S/O ANJINAPPA
SMT. AKKAYAMMA D/O KEMPAIAH
SMT. CHENNAMMA W/O LATE BYRAPPA
AShOK S.Kinagi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
