Miscellaneous second appeal against a first appellate decree remanding a suit; after remand the suit was disposed of, so the appellants filed a memo seeking withdrawal. The High Court dismissed the appeal as infructuous without deciding any substantive question.
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:9161 MSA No. 100139 of 2020
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 1ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE VENKATESH NAIK T MISCELLANEOUS SECOND APPEAL NO. 100139 OF 2020
BETWEEN:
…APPELLANT
AND:
Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA
SHRI. CHANDRASHEKHAR S/O. SHIVALINGAPP RAJAPURE, SINCE DECEASED BY HIS LRS-RESP.NOS. 1 TO 6.
TAL & DIST : BELAGAVI-591156.
NEELKANTH SHIVALINGAPPA RAJAPURE SINCE DECEASED BY HIS LRS RESP.NOS.11 TO 15.
R/O : BASHAL MISSION COMPOUND BANGALE ONI, KARWAR ROAD, HUBLI-580024.
…RESPONDENTS (BY SRI. C. S SHETTAR, ADV. FOR R1, R2, R5, R8, R10 & R16; R14-DECEASED)
THIS MSA IS FILED U/SEC.43 RULE 1 (u) OF CPC., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE PASSED IN RA NO. 114/2018 DATED 23.06.2020 BY THE XII ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI, SITTING AT GOKAK AND THE JUDGMENT AND DECREE PASSED IN O.S. NO. 143/1999 DATED 01.04.2006 BY THE LEARNED CIVIL JUDGE, SENIOR DIVISION, GOKAK, BE KINDLY CONFIRMED, IN THE ENDS OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellants has filed a memo seeking permission of this Court to withdraw the appeal.
The contents of the memo is as under:
MEMO FOR DISPOSAL
“Herein the memo on behalf of the Appellants is as under:
That the present appeal is filed against the judgment and decree of the 1st Appellant Court by remanding the matter to the Trial Court. That subsequent to remand the suit has been disposed off on 8-4-2024 and in view of the judgment and decree passed in O.S.No.143/1999 by the Principal Senior Civil Judge Gokak the present appeal will not survive for consideration and hence the same may kindly be disposed off as “infructuous”.
In view of the memo, appeal is dismissed as having
become infructuous.
AC/ct-an List No.: 1 Sl No.: 5
Sd/JUDGE
Smt. Sanvakka W/o Gurulingappa Rajapure
Smt. Parvati W/o Sadashiv Kattimani
Shri Chandrashekhar S/o Shivalingappa Rajapure (deceased) by his LRs
Neelkanth Shivalingappa Rajapure (deceased) by his LRs
Shri Ramachandra S/o Shivalingappa Rajapure
Venkatesh Naik T
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
