The High Court of Karnataka dismissed a miscellaneous second appeal filed under Section 100 CPC as not maintainable due to office objections regarding the absence of an order of remand to support the second appeal.
The miscellaneous second appeal is dismissed as not maintainable.
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NC: 2024:KHC:29286 MSA No. 121 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI
MSA NO. 121 OF 2023
BETWEEN:
…APPELLANTS
(BY SMT. RESHMA KHANUM, ADVOCATE FOR; SRI RAHAMATHULLA KOTHWAL, ADVOCATE)
Digitally signed by GEETHAKUMARI PARLATTAYA S
AND:
Location: High Court of Karnataka KADASIDDAVVARA HANUMANTHAPPA, SINCE DECEASED BY HIS LEGAL REPRESENTATIVE, SMT. PUTTAMMA, W/O KADASIDDAWARA, HANUMANTHAPPA, AGE MAJOR, R/O SOMALAPURA VILLAGE, CHANNAGIRI TALUK.
…RESPONDENT
NC: 2024:KHC:29286 MSA No. 121 of 2023
THIS APPEAL IS FILED U/S. 100 OF CPC., 1908 AGAINST THEORDER DATED 06.01.2011 PASSED IN R.A.NO. 61/2010 ON THE FILE OF THE CIVIL JUDGE (SENIOR DIVISION) DAVANAGERE, DISMISSING THE APPEAL AS ABATED AND FILED AGAINST THE JUDGEMENT AND DECREE DATED 22.07.1998 PASSED IN OS.NO.358/1995 ON THE FILE OF THE CIVIL JUDGE (JR.DN) AND JMFC.,CHANNAGIRI AND ETC.
THIS APPEAL, COMING ON ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE RAVI V HOSMANI
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE RAVI V HOSMANI)
This Miscellaneous Second Appeal is filed against an order, which was dismissed as abated.
Registry has raised office objections regarding maintainability of second appeal, as it is not against an order of remand.
Learned counsel for appellant is unable to submit regarding maintainability.
NC: 2024:KHC:29286 MSA No. 121 of 2023
Office objections are sustained.
Hence, appeal is dismissed as not maintainable.
Sd/(RAVI V HOSMANI) JUDGE
THM List No.: 1 Sl No.: 12
Raftulla Khan & K H Jameelkhan
Kadasiddava Hanumanthappa (by his legal representative Smt. Puttamma)
Ravi V Hosmani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
