Dismissed¶27

Mrs. Basanthi Rani Paul v. Mr Ningana Gowda Hosamani

Karnataka HC3 Mar 2025MFA/4643/2018

Case brief

AI extract

What is this about?

Appeal dismissed as infructuous; suit decreed during pendency of appeal; Order 43 Rule 1(r) CPC miscellaneous first appeal against rejection of Order 39 Rules 1 and 2 CPC application; O.S. No.406/2018, VIII Additional City Civil and Sessions Judge (CCH-15), Bengaluru; memo by appellant's counsel; Karnataka High Court, decided 03.03.2025; Basanthi Rani Paul v. Ningana Gowda Hosamani and others; no merits adjudicated; interlocutory application disposed of.

What did the court decide?

As the suit O.S. No.406/2018 was decreed on 01.04.2023 during the pendency of the appeal, the appeal has become infructuous. ¶25

Mrs. Basanthi Rani Paul Vs Mr Ningana Gowda Hosamani — Karnataka HC (2025) — LawSathi Research

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1 - NC: 2025:KHC:8951 MFA No. 4643 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 3^RD DAY OF MARCH, 2025

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BEFORE

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THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 4643 OF 2018 (CPC)

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BETWEEN:

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MRS. BASANTHI RANI PAUL, AGED ABOUT 64 YEARS, W/O MR. R.N.PAUL, R/AT NO. 76, 2^ND CROSS, DINNUR AJJAPPA BLOCK, R.T.NAGAR, BANGALURU NORTH, BANGALORE - 560 032.

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…APPELLANT

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(BY SRI. CHANDRAIAH H. S., ADVOCATE)

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AND:

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MR. NINGANA GOWDA Digitally signed HOSAMANI by PAVITHRA B AGED ABOUT 58 YEARS, Location: HIGH COURT OF S/O ADIVEPPA GOWDA HOSAMANI, KARNATAKA NO.50, 1^ST STAGE, POSTAL COLONY, SANJAYANAGAR, BANGALORE - 560 050.

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MR. P.C.CHOWDAPPA, AGED ABOUT 52 YEARS, S/O LATE P CHANDRASEKESHAVAPPA, NO.106, 4^TH CROSS, 1^ST STAGE, 2^ND PHASE, MANJUNATHANAGAR,

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2 - NC: 2025:KHC:8951 MFA No. 4643 of 2018

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WEST OF CHORD ROAD, BENGALURU - 560 010.

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MR. C V. SRINATH, AGED ABOUT 36 YEARS, S/O OF MR. V.N.CHOWDAPPA, NO.148, 9^TH MAIN ROAD, KURUBARAHALLI, NEAR CANARA SCHOOL, J.C.NAGAR, MAHALAKSHMIPURAM POST, BENGALURU - 560 086.

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MRS. ZEENATHUNISA, AGED ABOUT 46 YEARS, W/O OF MR. RAFIQUE AHMED, NO. 227, 14^TH MAIN ROAD, GOKUL 1^ST STAGE, 1^ST PHASE, HMT LAYOUT, MATHIKERE, BENGALURU - 560 054.

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…RESPONDENTS

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(BY SRI. UDITA RAMESH, ADVOCATE FOR CR/R1)

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THIS MFA FILED U/O.43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 31.05.2018, PASSED ON IA.1 IN O.S. NO.406/2018, ON THE FILE OF THE VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-15), BENGALURU, REJECTING THE IA.1, FILED U/O.39 RULES 1 AND 2 OF CPC.

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THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR

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