Dismissed

Chandramma v. H Manjappa

Karnataka HC21 Mar 2024RSA/617/2022

Case brief

AI extract

What is this about?

Second appeal against decree confirming declaration of ownership and possession over suit properties. The appellant filed a memo stating vacant possession of 'B' schedule property had been delivered to the respondent in execution, rendering the appeal infructuous. The court dismissed the appeal as infructuous.

What did the court decide?

None; appeal dismissed as infructuous following delivery of possession in execution.

Chandramma Vs H Manjappa — Property and Title | Karnataka HC (2024)

¶1

¶2

NC: 2024:KHC:11673 RSA No. 617 of 2022

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 21^ST DAY OF MARCH, 2024

¶5

BEFORE

¶6

THE HON'BLE MR. JUSTICE M.G.S. KAMAL

¶7

REGULAR SECOND APPEAL NO. 617 OF 2022 (DEC)

¶8

BETWEEN:

¶9

CHANDRAMMA W/O LATE NYAMATI NEELAKANTAPPA AGED ABOUT 68 YEARS, HOUSEHOLD R/O K.R.PURAM MAIN ROAD OPPOSITE TO GALAZY LIBRARY SHIVAMOGGA -577 201

¶10

…APPELLANT

¶11

(BY SRI. S.V.PRAKASH, ADVOCATE)

¶12

AND:

¶13

Digitally signed by SUMA B N Location: High Court of Karnataka

¶14

H.MANJAPPA S/O DURGAPPA, AGED ABOUT 76 YEARS, RETIRED EMPLOYEE R/O ANUGRAHA NILAYA 1^ST BLOCK, 2^ND STAGE VINOBHANAGARA, SHIVAMOGGA- 577 201

¶15

…RESPONDENT

¶16

(RESPONDENT SERVED BUT UNREPRESENTED)

¶17

THIS RSA FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 06.01.2022 PASSED IN RA NO.6/2017 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, SHIVAMOGGA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED 03.11.2016 PASSED IN OS NO.112/2011 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, SHIVAMOGGA.

¶18

¶19

NC: 2024:KHC:11673 RSA No. 617 of 2022

¶20

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

¶21

JUDGMENT

¶22

Memo dated 29.08.2023 is filed by the learned

¶23

counsel for the appellant which reads as under:

¶24

" The counsel for the Appellant submits as

¶25

follows:-

¶26

The above regular Second Appeal in RSA No.617/2022 before this Hon'ble Court filed by the appellant challenging the judgment and decree passed in R.A.No.6/2017 dated 06.01.2022 confirming the judgment and decree passed in O.S.No.112/2011 by the trial court. The suit of the respondent in O.S.No.112/2011 for declaration of ownership over the suit 'A' schedule property on the basis of the Sale Deed dated 28.10.2010 and for possession of the 'B' schedule property from the petitioner herein came to be decreed on 03.11.2016 and against which the first appeal filed by the appellant came to be dismissed. The respondent decree holder sued out the judgment and decree by filing Execution petition and in the said execution the appellant has delivered the vacant possession of the suit schedule 'B' property to the respondent and in

¶27

3 - NC: 2024:KHC:11673 RSA No. 617 of 2022

¶28

view of the same, the above appeal has rendered infructuous. Therefore, this Hon'ble Court may be pleased to dismiss the above appeal as has become infructuous in the interest of justice."

¶29

Memo is taken on record.

¶30

The appeal is dismissed as having become

infructuous.

Sd/-

JUDGE

NS CT:AN List No.: 1 Sl No.: 8

Chandramma v. H Manjappa

Case brief

What is this about?

What did the court decide?

Chandramma v. H Manjappa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M. Shankar Reddy Vs Manjunath Reddy

M.S.Shantha Vs Ravindra M.S.

Siddanayaka Vs Maribettegowda

Sri. a R Shanthaveerappa Vs Mahalakshmamma

Mr. Kumar Vs Mr. Raghavendra Kamath

Sri. Nanjavadootha Swamiji Vs Sri S. Linganna