Miscellaneous second appeal against a first appellate court's remand order was withdrawn by the appellants via memo; the High Court dismissed the appeal as withdrawn and dismissed all pending interlocutory applications.
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:1701 MSA No. 27 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS SECOND APPEAL NO. 27 OF 2021 (RO)
BETWEEN:
Digitally signed by RAMYA D
Location: HIGH COURT OF KARNATAKA
ALL ARE RESIDING AT PADAVU, MEGINAMANE, KULSHEKAR POST, MANGALURU, D.K. DISTRICT. PIN 575 005.
…APPELLANTS
(BY SRI. G. RAVISHANKAR SHASTRY, ADVOCATE)
AND:
RESPONDENTS NO 5 AND 6 ARE RESIDING NEAR KRISHNA MUTT, UDUPI, UDUPI DISTRICT. PIN-576101
NC: 2024:KHC:1701 MSA No. 27 of 2021
…RESPONDENTS
(BY SRI.S.N.PRASHANTH CHANDRA ADVOCATE FOR R3; R2, R7 & R8- - SERVED AND UNREPRESENTED)
THIS MSA IS FILED UNDER ORDER 43 RULE 1(U) OF CPC AGAINST THE JUDGMENT AND DECREE DATED 28.09.2020 PASSED IN RA.No.163/2017 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MANGALURU D.K., ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 21.08.2017 PASSED IN OS.No.705/2011 ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE AND JMFC, MANGALURU,D.K., REMANDING BACK THE MATTER TO THE TRIAL COURT FOR FRESH DISPOSAL AS PER LAW.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellants has filed a memo
for withdrawal of the appeal.
NC: 2024:KHC:1701 MSA No. 27 of 2021
withdrawn .
In view of dismissal of the appeal, all pending I.As.,
do not survive for consideration and are dismissed.
Sd/JUDGE
PB
List No.: 1 Sl No.: 3
1 provisions across 1 enactments
Smt. Anitha V Shetty
Ashok Hegde
Arun Hegde
Smt. Sapna Shetty
Nithil Hegde
Swasthika Ajila
Hanchate Sanjeevkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
