Miscellaneous second appeal against a first appellate decree remanding a title suit was disposed of on a joint memo, with directions to the trial court to expedite and decide the original suit by a fixed date.
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:32877 MSA No. 104 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2024 BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA MISCELLANEOUS SECOND APPEAL No.104 OF 2020(RO)
BETWEEN:
…APPELLANT
(BY SRI CHANDRASHEKAR H B, ADVOCATE)
AND:
…RESPONDENT
Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA
(BY SRI S.M.BABU, ADVOCATE)
THIS MSA IS FILED UNDER ORDER 43 RULE 1(u) OF CPC 1908 AGAINST THE JUDGMENT AND DECREE DATED 30.09.2020 PASSED IN R.A.No.08/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE, MALAVALLI , ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 24.11.2015 PASSED IN OS.No.325/2013 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, MALLAVALLI AND REMANDING BACK MATTER TO THE TRIAL COURT FOR DISPOSAL AFRESH IN ACCORDANCE WITH LAW.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
NC: 2024:KHC:32877 MSA No. 104 of 2020
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL JUDGMENT
A joint memo is filed, which reads as under:
“The undersigned for the parties to the list respectfully submit that as suggested by this Hon’ble Court, this joint memo is filed seeking disposal of the appeal with directions to the trial Court to dispose of the original suit in O.S.No.325/2013 at the earliest within outer limit of six months. Both parties hereby undertake to assist the Trial Court for the speedy disposal. Hence, this memo.”
placing joint memo on record.
trial in O.S.No.325/2013 and dispose of the same on or before 20th December 2024.
Sd/(V SRISHANANDA) JUDGE
kcm
List No.: 1 Sl No.: 65
1 provisions across 1 enactments
SRI CHIKKEEREGOWDA S/O LATE MUDDEEREGOWDA
SRI DODDEEREGOWDA S/O LATE MUDDEEREGOWDA
V SRISHANANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
