Miscellaneous second appeal against a first appellate remand order in a suit; appellant filed memo that the suit had been dismissed and the appeal became infructuous. Court dismissed the appeal as infructuous.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS SECOND APPEAL NO. 78 OF 2018 (RO)
BETWEEN:
SRI. B.V. LAKSHMINARAYANA, S/O BETTAKOTE DODDA NARAYANAPPA, AGED ABOUT 70 YEARS, HINDU, R/A OPP. TO A C BUNGLOW, MUSTOOR ROAD, VAPASANDRA, CHICKBALLAPURA CITY - 560 036.
…APPELLANT
(BY SRI. A. MITHUN GERAHALLI, ADVOCATE)
AND:
SMT. RASSOL BI, W/O ABDUL SABI, AGED ABOUT 70 YEARS, MUSLIM, Digitally signedR/A HAROBANDE VILLAGE, KASABA HOBLI, by RAMYA D CHICKBALLAPURA TALUK - 560 036. Location: HIGH COURT OF THIS MSA IS FILED UNDER ORDER 43 RULE 1(u) OF THE KARNATAKA
…RESPONDENT THIS MSA IS FILED UNDER ORDER 43 RULE 1(u) OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED 28.06.2018 PASSED IN R.A.NO.13/2015 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHICKBALLAPUR, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 06.12.2014 PASSED IN O.S.NO. 310/2006 ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE AND JMFC, CHICKBALLAPUR, AND REMANDING THE
NC: 2024:KHC:209 MSA No. 78 of 2018
CASE TO THE TRIAL COURT FOR FRESH DISPOSAL WITH A DIRECTION TO GIVE AN OPPORTUNITY TO THE PLAINTIFF AND DEFENDANT TO LEAD HIS EVIDENCE.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellant has filed a memo
stating that the appeal has become infructous in view of the dismissal of the suit.
Memo is placed on record.
Accordingly, the appeal is dismissed as having become
infructous.
Sd/JUDGE
MH/List No.: 1 Sl No.: 7 CT: BHK
1 provisions across 1 enactments
B.V. Lakshminarayana
Rassol Bi
Hanchate Sanjeevkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
