Regular second appeal dismissed after counsel submitted a judgment from a co-ordinate Bench dismissing an appeal involving identical facts and parties; the appellant himself requested dismissal on that basis.
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:10183 RSA No. 814 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL
REGULAR SECOND APPEAL NO. 814 OF 2019 (INJ)
BETWEEN:
SRI. KRISHNA KUMAR, S/O. R.S. RAMPANGI NAIDU, AGED ABOUT 44 YEARS, PRESENTLY RESIDING AT NO.11, 1ST MAIN, 2ND CROSS, BAIRAHANUMAIAH, COMPOUND BCCI LAYOUT VIJAYANAGARA, BANGALORE - 40.
…APPELLANT
(BY SRI. S.V. SHASTRI AND RAVINDRANATH K, ADVOCATE)
AND:
NC: 2024:KHC:10183 RSA No. 814 of 2019
…RESPONDENTS
THIS RSA FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 29.11.2018 PASSED IN RA.NO.35/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE, NELAMANGALA BENGALURU RURAL DISTRICT, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 31.10.2015 PASSED IN OS.NO.161/2007 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE, AND JMFC., NELAMANGALA.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Sri. S. V. Shastri, learned counsel for the appellant
furnishes a copy of judgment and order passed by the Co-ordinate Bench of this Court in RSA.No.808/2019 on 17.03.2023 and submits that the present appeal involves identical facts and circumstances and respondents in the
present appeal and respondents in the aforesaid case are
one and the same except change in the site number, rest of the pleadings, issues involved in the matter and the prayer sought are one and the same. He further submits
NC: 2024:KHC:10183 RSA No. 814 of 2019
that since similar appeal has been dismissed, the present
appeal may also be dismissed.
Sd/JUDGE
CR
List No.: 2 Sl No.: 10
1 provisions across 1 enactments
Sri. Krishna Kumar, S/O. R.S. Rampangi Naidu
Smt. Gangalakshamamma
Smt. Siddamma
Sri. G. Prathap Kumar
M.G.S. Kamal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
