The High Court of Karnataka, in Miscellaneous First Appeal No. 4175 of 2023, dismissed the appeal filed under Order 43 Rule 1(r) read with Section 151 of the CPC. The court held the appeal to be infructuous because the underlying suit had already been withdrawn.
The mehndee first appeal filed under Order 43 Rule 1(r) of CPC was dismissed as 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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH MISCELLANEOUS FIRST APPEAL NO. 4175 OF 2023 (CPC)
BETWEEN:
M. JAYAPPA, S/O LATE SANNA CHANNABASAPPA, AGED ABOUT 84 YEARS, SANTHEBENNUR HOBLI, HIREKOGLUR POST, CHANNAGIRI TALUK, DAVANAGERE DISTRICT, REPRESENTED BY HIS GPA HOLDER NAGARAJ M.J, S/O M. JAYAPPA, AGED ABOUT 48 YEARS, AGRICULTURIST AND INDUSTRIALIST, R/O ALUR VILLAGE, SANTEBENNUR HOBLI, HIREKOGLUR POST, CHANNAGIRI TALUK, DAVANAGERE DISTRICT - 577 213.
…APPELLANT
Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA
(BY SRI. M. JAYAPPA, PARTY IN PERSON)
AND:
S/O LATE CHANNABASAPPA, AGED ABOUT 68 YEARS, RETD. TEACHER AND AGRICULTURIST, R/O ALUR VILLAGE, SANTEBENNUR HOBLI, HIREKOGLUR POST, CHANNAGIRI TALUK - 577 213, DAVANAGERE DISTRICT.
AGED ABOUT 4 YEARS, MINOR, REPRESENTED BY HER N.F./ NATURAL GUARDIAN/ MOTHER SMT. KAVITHA, W/O LATE K.S. HALESHAPPA, S/O LATE K.S. SIDARAMAPPA, AGED ABOUT 32 YEARS, R/O ALUR VILLAGE, SANTEBENNUR HOBLI, HIREKOGLUR POST, CHANNAGIRI TALUK - 577 213, DAVANAGERE DISTRICT.
S/O LATE K.S. PARAMESHWARAPPA, AGED ABOUT 42 YEARS, AGRICULTURIST, R/O ALUR VILLAGE, SANTEBENNUR HOBLI, HIREKOGLUR POST, CHANNAGIRI TALUK, DAVANAGERE DISTRICT - 577 213.
S/O LATE SIDDAPPA, AGED ABOUT 65 YEARS, AGRICULTURIST, R/O ALUR VILLAGE SANTEBENNUR HOBLI, HIREKOGLUR POST, CHANNAGIRI TALUK - 577 213,
DAVANAGERE DISTRICT.
S/O LATE K.S. RAJAPPA @ K.S. BASAVARAJAPPA, AGED ABOUT 26 YEARS, R/O MATTODU VILLAGE, ABBLAGERE POST, SHIMOGA TALUK - 577 201.
CAMP /POST, CHANNAGIRI TALUK - 577 213.
…RESPONDENTS
(BY SRI. ASHWIN S. HALADY, GPA GOLDER; SMT. DHANALAKSHMI Y, ADVOCATE FOR R1; SRI. R.V. JAYAPRAKASH, ADVOCATE FOR R2; SRI. CHAKRAVARTHY T.S, ADVOCATE FOR R6 AND R7; R3 TO R5, R8, R12 AND R13 ARE SERVED AND UNREPRESENTED)
THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 29.05.2023 PASSED ON I.A.NO.1 IN OS.NO.14/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, CHANNAGIRI, REJECTING THE I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.P.SANDESH
ORAL JUDGMENT
Learned counsel for respondent No.1 has filed a memo for
dismissal of the appeal and learned counsel for the appellant also submits that already the suit was withdrawn and hence,
the appeal become infructuous.
Accordingly, the appeal is dismissed as having become
infructuous.
Sd/(H.P.SANDESH) JUDGE
KA List No.: 1 Sl No.: 12 CT: BHK
1 issue framed by the court
Whether the first appeal is maintainable when the underlying suit has been withdrawn.
2 provisions across 1 enactments
M. Jayappa
A.G. Siddappa
M.C. Rudrappa
Smt. Kavitha
Kum. Bhumika
Kum. Rakshitha
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
