The appellant challenged the dismissal of her appeal by the First Appellate Court. Subsequently, a connected appeal filed by another party, which involved the same judgment, was disposed of by this Court. The Court held that the present appeal had become infructuous and dismissed it.
Null
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NC: 2024:KHC:11485 RSA No. 1409 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL REGULAR SECOND APPEAL NO. 1409 OF 2021
BETWEEN:
M.S.SHANTHA D/O LATE SRI K. SIDDAIAH W/O MAHADEVA V.T. AGED ABOUT 59 YEARS R/AT D NO.45, 3RD MAIN 3RD CROSS, SHANKARANAGARA BENGALURU-560 096.
…APPELLANT
(BY SRI. SOMASHEKARA K M.,ADVOCATE)
AND:
Digitally signed by SUMA B N Location: High Court of Karnataka
S/O LATE SRI SIDDAIAH, AGED ABOUT 56 YEARS, R/AT DOOR NO.87, 5TH CROSS SWARNASANDRA
MANDYA CITY-571 402.
2. RAJENDRA M S
S/O LATE SRI K. SIDDAIAH AGED ABOUT 61 YEARS, R/AT CHIKKEGOWDANADODDI MANDYA CITY-571 401.
NC: 2024:KHC:11485 RSA No. 1409 of 2021
3. M R LAKSHMISHA GOWDA
S/O M S RAJENDRA AGED ABOUT 26 YEARS R/AT CHIKKEGOWDANADODDI
MANDYA CITY-571 401.
4. MANAGER
BANK OF INDIA 100 FEET ROAD, MANDYA CITY-571 401.
5. MANAGER
CORPORATION BANK
OPP: LAKSHMI JANARDHANA SCHOOL MANDYA CITY-571 401.
…RESPONDENTS
THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 31.07.2019 PASSED IN RA.NO.53/2019 ON THE FILE OF THE IV ADDL. DISTRICT AND SESSIONS JDUGE, MANDYA. DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 09.01.2019 PASSED IN P AND SC.NO.2/2016 ON THE FILE OF THE PRL SENIOR CIVIL JUDGE, MANDYA.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Sri. Somashekar K.M, counsel appearing for the
appellant files a memo dated 20.03.2024, which reads as under;
"It is submitted that appellant who is arrayed as responded no.2 in P and SC no.2/2016 has challenged the order dated 09.01.2019 passed in the said P and SC before the first Appellate Court vide RA no.53/2019. So also, the respondent no.4 in P and SC no.2/2016 has filed an appeal before the First Appellate Court vide RA no.34 of 2019. Both appeals were clubbed together and passed common judgment and decree dated 31.07.2019 by the First Appellant Court. Aggrieved by the same, the respondent no.4 therein (MR. Lakshmeeshagowda) filed appeals before this Hon'ble Court vide RSA no.1068 of 2020 c/w RSA no.1069 of 2020 wherein the appellant herein arrayed as respondent no.3. The said appeals were disposed of by this Hon'ble Court by order dated 27.01.2021.
In view of the above, the present appeal filed by the appellant against the judgment and decree dated 31.07.2019 passed in RA no.53 of 2019 and judgment dated 09.01.2019 passed in P and SC no.2 of 2016 does not survive for further consideration and may be disposed of by this Hon'ble Court, in the interest of justice and equity. Copy of the order passed in RSA no.1068 of 2020 c/w RSA 1069 OF 2020, dated 27.01.2021 is herewith produced for kind perusal of this Hon'ble Court".
He also enclosed a copy of the order dated 27.01.2021 passed in RSA No.1068/2020 c/w RSA No.1069/2020.
Memo is taken on record.
In view of the above, appeal is dismissed as having
become infructuous.
Sd/JUDGE
RU
List No.: 1 Sl No.: 7
1 issue framed by the court
Whether the Regular Second Appeal has become infructuous due to the prior disposal of the challenge to the lower court judgment?
1 provisions across 1 enactments
M.S. SHANTHA
RAVINDRA M.S.
RAJENDRA M S
M R LAKSHMISHA GOWDA
MANAGER BANK OF INDIA
MANAGER CORPORATION BANK
M.G.S. KAMAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
