In this miscellaneous second appeal, the appellant contended that the suit was dismissed on 24.2.2024, rendering the appeal infructuous. The High Court in Bengaluru accepted this submission and dismissed the appeal as infructuous.
The appeal 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.
NC: 2024:KHC:36142 MSA No. 43 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA MISCELLANEOUS SECOND APPEAL NO. 43 OF 2021 (RO)
BETWEEN:
W/O MANJUNATHA AGED ABOUT 59 YEARS HIREHALLI VILLAGE, CHALLAKERE TALUK CHITRADURGA DISTRICT-577522.
…APPELLANTS
(BY SRI. V. PRASANNA KUMAR, ADVOCATE)
AND:
Digitally signed by VEDAVATHI A K Location: High Court of Karnataka
S/O LATE R KALLAPPA AGED ABOUT 53 YEARS TEACHER AND AGRICULTURIST HIREHALLI VILLAGE, THALAK HOBLI CHALLAKERE TALUK, CHITRADURGA DISTRICT-577522
R K VIJAYA S/O LATE R. KALLANNA SINCE DECEASED BY HIS LRS
W/O LATE R K VIJAYA AGED ABOUT 59 YEARS
NC: 2024:KHC:36142 MSA No. 43 of 2021
(RESPONDENTS 2 TO 4
ALL ARE R/O HIREHALLI VILLAGE THALAK HOBLI CHALLAKERE TALUK CHITRADURGA DISTRICT-577522.
(RESPONDENT NO.3 DIED ISSUELESS DURING PENDENCY OF APPEAL BEFORE LOWER APPELLATE COURT; RESPONDENT NO.1 AND APPELLANT NOS.1 AND 2 HEREIN ARE HER LEGAL REPRESENTATIVES ON RECORD)
…RESPONDENTS
(BY SRI. SPOORTHY HEGDE NAGARAJA, ADVOCATE FOR R1; R2 SERVED & UNREPRESENTED, VIDE ORDER DATED 27.9.21-NOTICE TO R4 IS HELD SUFFICIENT; VIDE ORDER DATED 10.6.2024 APPEAL AS AGAINST R3 IS ABATED)
THIS MSA IS FILED UNDER ORDER 43 RULE 1(u) OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 17.12.2020 PASSED IN RA.NO.40/2016 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHITRADURGA, ALLOWING THE APPEAL SETTING ASIDE THE JUDGMENT AND DECREE DATED 23.06.2016 PASSED IN OS.NO.16/2012 ON THE SENIOR CIVIL JUDGE AND JMFC., CHALLAKERE, REMITTING THE SUIT TO THE TRIAL COURT FOR FRESH DISPOSAL IN ACCORDANCE WITH LAW.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
NC: 2024:KHC:36142 MSA No. 43 of 2021
ORAL JUDGMENT
Memo is filed by the learned counsel for the appellants.
The memo reads as under:-
"The appellant submits the original suit has been dismissed on 24.2.2024. Hence, this Appeal has become Infructuous. Therefore the Appeal may be dismiss is Infructuous".
Appeal is dismissed as it has rendered infructuous.
Sd/(V SRISHANANDA)
JUDGE
AKV List No.: 1 Sl No.: 36 CT:SK
1 issue framed by the court
Whether the miscellaneous second appeal becomes infructuous due to the dismissal of the original suit.
R K MANGALAMMA
R K REKHA
R K THIPPESWAMY
SAVITHRAMMA
R V SRIKANTHA
R K LAKSHMI KANTHA
V SRISHANANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
