Second appeal under Section 100 CPC against a first appellate decree in a partition matter. The appellants filed a memo stating the appeal had become infructuous; the memo was accepted and the appeal was dismissed as infructuous, with pending applications disposed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:37869 RSA No. 677 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE E.S.INDIRESH
REGULAR SECOND APPEAL NO.677 OF 2018 (PAR)
BETWEEN:
Digitally signed by SHARMA ANAND CHAYA Location: High Court of Karnataka
AGED ABOUT 22 YEARS
NC: 2024:KHC:37869 RSA No. 677 of 2018
S/O LATE RANGAPPA, AGED ABOUT 13 YEARS
APPELLANTS 6 AND 7 ARE MINORS
REP. BY THEIR NATURAL GUARDIAN AND MOTHER PARVATHAMMA
ALLS 1 TO 7 ARE R/O MATTIGHATTA VILLAGE, KASABA HOBLI, SHETTYHALLI POST, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT-577301.
W/O MARIYAPPA, R/O BEERANAHALLI VILLAGE SHIVAMOGGA TALUK-577201 SHIVAMOGGA DISTRICT
…APPELLANTS
(BY SRI S V PRAKASH, ADVOCATE)
AND:
ALL ARE AGRICULTURISTS R/O. MATTIGHATTA VILLAGE, KASABA HOBLI, SHETTYHALLI POST, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT-577301.
…RESPONDENTS
(BY SRI VIGHNESHWAR S SHASTRI, SR. ADVOCATE FOR SRI GURURAJ, ADVOCATE FOR R1, R3 TO R5)
THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 29.11.2017 PASSED IN R.A.NO.5033/2016 ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, SHIMOGA, SITTING AT BHADRAVATHI AND ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE E.S.INDIRESH
NC: 2024:KHC:37869 RSA No. 677 of 2018
ORAL JUDGMENT
The learned counsel appearing for the appellants has filed a memo stating that the prayer made in the appeal
has become infructuous. The memo is accepted. Accordingly, the appeal is dismissed as having become infructuous.
Sd/(E.S.INDIRESH) JUDGE
SN
1 provisions across 1 enactments
Karibasappa S/o Late Kariyappa
Shivappa
Parvathamma W/o Rangappa
Suma D/o Late Rangappa
Sunila S/o Late Rangappa
Sudhakara S/o Late Rangappa
E.S. Indiresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
