Appeal dismissed as infructuous because the main O.S. No.87/2017 was disposed of on 25.01.2021, rendering the challenge to an interim order unsustainable.
The miscellaneous first appeal was dismissed as having been rendered infructuous.
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.
NC: 2024:KHC-D:14957 MFA No. 100882 of 2020
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 15TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO.100882/2020 (CPC)
BETWEEN:
SMT. SUVARNA W/O. CHANDRAKANT MUDNUR, AGED ABOUT 59 YEARS, OCC: HOUSEHOLD WORK, R/O: UKUMANAL, TQ AND DIST: VIJAYAPUR.
…APPELLANT
(BY SRI PRAKASH S. GUDIHINDIN, ADVOCATE FOR SRI ASHOK R KALYANASHETTY, ADVOCATE)
AND:
Digitally signed by YASHAVANT NARAYANKAR Location: High Court of Karnataka
RESPONDENT 2 TO 5 ARE ALL RESIDENT OF BUDIHAL S. G., TQ: BILAGI, DIST: BAGALKOT.
…RESPONDENTS
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1 OF THE CODE OF CIVIL PROCEDURE, SET ASIDE THE ORDER DATED 26.04.2019 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC BILAGI DISMISSING HER PRAYER IN HER O.S.NO.87/2017 I.A.NO.1 NOT TO EFFECT CHANGES IN THE PROPERTY REGISTER/REVENUE RECORDS PERTAINING TO SUIT PROPERTIES AND ALLOW SUCH PRAYER SO AS TO ALLOW THE SAID IA IN ENTIRETY AS PRAYED FOR THERE IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
NC: 2024:KHC-D:14957 MFA No. 100882 of 2020
CORAM: THE HON'BLE MR. JUSTICE C.M. POONACHA
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)
Learned counsel for the appellant has filed a memo which reads as follows:
MEMO
“Herein the Advocate for Appellant submits as under:
That, O.S No.87/2017 on the file of Senior Civil Judge and JMFC Bilagi, Stands disposed off on 25.01.2021 as per court website print out copy produced. Hence as the main suit itself is not pending this appeal arising out of interim order passed is suit does not survive for consideration accordingly this appeal may kindly be disposed off as not survive for consideration.
Hence this memo.”
In view of the memo, the above appeal is dismissed as having been rendered infructuous.
Sd/(C.M. POONACHA) JUDGE
PMP/CT-ASC/List No.: 1 Sl No.: 28
2 issues framed by the court
Whether the miscellaneous first appeal ought to be adjudicated on merits or disposed of as infructuous.
Whether the main suit being disposed off renders the appeal arising out of an interim order unsustainable.
Smt. Suvarna w/o. Chandrakant Mudnur
Shri AppASAheb s/o. Siddappa Desai
Smt. Laxmibai w/o. Late Ashok Nayik
Smt. Vijayalaxmi w/o. Mahantesh Melli
Shri Kalmesh s/o. Ashok Nayik
Shri Praveen s/o. Late Ashok Nayik
C.M. POONACHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
