Allowed

Smt. Gouramma W/O Veerappa Doddamani v. Smt. Ningavva W/O Ulavappa Nellikoppa

Karnataka HC13 Jun 2024RP/100001/2023

Case brief

AI extract

What is this about?

The High Court allowed a review petition against an order dismissing a Miscellaneous Second Appeal. The court found the appeal infructuous because the trial court had already decided the underlying suit after remand. The previous order was recalled and the appeal dismissed for being infructuous due to suppression of facts by the respondent.

What did the court decide?

Order dated 07.01.2022 recalling; Miscellaneous Second Appeal dismissed as infructuous.

Smt. Gouramma W/O Veerappa Doddamani Vs… — Civil Procedure and Limitation | Karnataka HC (2024)

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NC: 2024:KHC-D:7934 RP No. 100001 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13^TH DAY OF JUNE, 2024 BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM REVIEW PETITION NO. 100001 OF 2023 (-)

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M.S.A. NO.100003/2017

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BETWEEN:

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SMT. GOURAMMA W/O. VEERAPPA DODDAMANI, AGE: 51 YEARS, OCC: HOUSEHOLD, R/O. NEERALAGI, TQ: SORAB, DIST: SHIVAMOGGA, NOW R/O. KIRAWADI, TQ: HANAGAL, DIST: HAVERI, P.C.NO: 577429.

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…PETITIONER

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(BY SRI. P.G. MOGALI, ADVOCATE)

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AND:

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SMT. NINGAVVA W/O. ULAVAPPA NELLIKOPPA, AGE: 67 YEARS, OCC: HOUSEHOLD, R/O. GHALAPUJI, TQ: BYADGI, DIST: HAVERI, P.C.NO: 581106.

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YASHAVANT NARAYANKAR

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Digitally signed byYASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2024.06.21 12:00:04 +0530

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…RESPONDENT

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(BY SRI. A.S. PATIL, ADVOCATE)

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REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 AND 2 OF CPC, PRAYING TO REVIEW THE ORDER PASSED IN M.S.A. NO. 100003/2017 DATED 07.01.2022, BY THE LEARNED SINGLE JUDGE AND DISMISS THE M.S.A. NO.100003/2017 WITH EXEMPLARY COST IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE

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COURT MADE THE FOLLOWING:

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2 - NC: 2024:KHC-D:7934 RP No. 100001 of 2023

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ORDER

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The review petition is filed by the respondent in MSA No.100003/2017. The petitioner by placing reliance on record the judgment rendered by the trial court in O.S.No.29/2005 has brought to the notice of this court that after remand by the appellate court in R.A.No.9/2008, the trial court has decided the suit by judgment and decreed dated 05.08.2017. Therefore, this miscellaneous second appeal as on 2022 had become infructuous.

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In the present case on hand, the respondent has clearly suppressed the disposal of the suit after remand. This fact was not brought to the notice of this court.

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In that view of the matter, the review petition is allowed. The order dated 07.01.2022 is recalled. The miscellaneous second appeal had become infructuous as on 07.01.2022. Post remand by the appellate court, the trial court had already disposed of the suit by judgment and decree dated 05.08.2017. On account of clear

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3 - NC: 2024:KHC-D:7934 RP No. 100001 of 2023

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suppression by the respondent in this petition who was appellant in the miscellaneous second appeal, this court is of the view that the miscellaneous second appeal, was already rendered infructuous. Taking note of the judgment rendered in O.S.No.29/2005, the miscellaneous second

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appeal is dismissed for having become infructuous.

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Sd/JUDGE

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MBS Ct-mck List No.: 1 Sl No.: 33

Smt. Gouramma W/O Veerappa Doddamani v. Smt. Ningavva W/O Ulavappa Nellikoppa

Case brief

What is this about?

What did the court decide?

Smt. Gouramma W/O Veerappa Doddamani v. Smt. Ningavva W/O Ulavappa Nellikoppa

Case brief

What is this about?

What did the court decide?

What the court decided

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