Sri Kizar Ahamed Khan v. Sri Ningappa @ Ningarajappa

Karnataka HC3 Mar 2025MFA/6140/2018

Case brief

AI extract

What is this about?

Kizar Ahamed Khan v. Ningappa @ Ningarajappa and Dinesh, MFA No. 6140 of 2018 (CPC), High Court of Karnataka at Bengaluru, Hanchate Sanjeevkumar J., decided 03-03-2025: appeal against rejection of I.A.No.3 (application under Order 39 Rule 1 & 2 r/w Section 151 CPC) in RA.No.70/2017 dismissed as infructuous after disposal of the regular appeal on 21.08.2018; stay application I.A.No.1/2018 disposed of.

What did the court decide?

The Miscellaneous First Appeal is dismissed as having become infructuous, RA.No.70/2017 having been disposed of on 21.08.2018. ¶25-26

Sri Kizar Ahamed Khan Vs Sri Ningappa @ Ningarajappa — Karnataka HC (2025) — LawSathi Research

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1 - NC: 2025:KHC:9021 MFA No. 6140 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

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MISCELLANEOUS FIRST APPEAL No.6140 OF 2018 (CPC)

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BETWEEN:

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SRI. KIZAR AHAMED KHAN S/O BUDEN KHAN, AGED ABOUT 52 YEARS, TIMBER MERCHANT, R/O NEAR MESCOM OFFICE, NH – 206, AYUNUR VILLAGE SHIVAMOGGA TALUK – 577 201.

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…APPELLANT

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(BY SRI. H.N.BASAVARAJU, ADVOCATE)

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AND:

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Digitally signed by PAVITHRA B Location: HIGH COURT OF KARNATAKA

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SRI. NINGAPPA @ NINGARAJAPPA S/O CHANNABASAPPA GOWDA, AGED ABOUT 71 YEARS, AGRICULTURIST, R/O KERE HITTALU VILLAGE, GILALAGUNDI POST, ANANDAPURA HOBLI, SAGAR TALUK, SHIVAMOGGA DISTRICT – 470 001.

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SRI. DINESH, S/O NINGAPPA, AGED ABOUT 32 YEARS, AGRICULTURIST, R/O KERE HITTALU VILLAGE, GILALAGUNDI POST,

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2 - NC: 2025:KHC:9021 MFA No. 6140 of 2018

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ANANDAPURA HOBLI, SAGAR TALUK, SHIVAMOGGA DISTRICT – 470 001.

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…RESPONDENTS

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THIS MFA FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 11.06.2018, PASSED ON I.A.No.3 IN RA.No.70/2017 ON THE FILE OF THE LEARNED III ADDITIONAL DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA, REJECTING THE I.A.No.3 FILED BY THE RESPONDENT UNDER ORDER 39 RULE 1 & 2 R/W SECTION 151 OF CPC.

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

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CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR

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ORAL JUDGMENT

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Learned counsel for the appellant submitted that

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RA.No.70/2017 was disposed of on 21.08.2018 and furnished the copy of judgment and award and it is submitted that the appeal has become infructuous.

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