Miscellaneous second appeal filed against a first appellate court's order remanding a partition suit. During its pendency, the trial court on remand passed a fresh decree and drew the final decree, rendering the appeal infructuous; it was dismissed as such.
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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. 91 OF 2022 (RO)
BETWEEN:
SRI. M. S. NAGARAJA, S/O. LATE SUBBANNA, AGED ABOUT 56 YEARS, R/O. NEAR NARAYANAPPA, COCONUT GARDEN, HEGGANAHALLI, BENGALURU - 562 110.
…APPELLANT
(BY SRI BHAT SHANKAR SHIVARAM, ADVOCATE)
AND:
Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka
AGED ABOUT 52 YEARS, R/O. GANAPATHI LAYOUT, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577 432.
…RESPONDENTS
(BY SRI. N K RAMESH.,ADVOCATE)
THIS MSA IS FILED UNDER ORDER LXIII RULE 1(u) OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 28.07.2022 PASSED IN RA.NO.41/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., THIRTHAHALLI., DISMISSING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 17.08.2021 PASSED IN OS.NO.25/2015
NC: 2024:KHC:29287 MSA No. 91 of 2022
ON THE FILE OF THE II ADDL. CIVIL JDUGE AND JMFC., THIRTHAHALLI. AND REMANDING THE SUIT TO THE TRIAL COURT WITH DIRECTION TO DISPOSE OF THE MATTER EXPEDITIOUSLY AND ETC.
THIS APPEAL, COMING ON FOR 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)
Learned counsel for appellant submits that, appeal was filed against order of remand passed by First Appellate Court.
During pendency of this appeal on remand, Trial Court has passed a fresh decree and even final decree was drawn rendering appeal as infructuous.
In view of submission, appeal is dismissed as infructuous.
Sd/(RAVI V HOSMANI) JUDGE
THM List No.: 1 Sl No.: 10
1 provisions across 1 enactments
Sri. M. S. Nagaraja
Sri. Ganesh M.S.
Sri. Venkatesha M
Smt. Shubha
Sri. A. G. Sathvik
Smt. M. S. Prabhamani
Ravi V Hosmani
As recorded by the court registry
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