Smt T H Padma v. Smt Channamma Dead by Lrs Smt Puttathayama T H
Case brief
What is this about?
Keywords: Miscellaneous Second Appeal; MSA No.107/2023; Order 43 Rule 1(u); Section 100 CPC; Order 41 Rule 23A CPC; Order XLIII CPC; ex parte decree; appearance without written statement; remand; partition and separate possession suit; cost Rs.5000/-; R.A.No.53/2020; O.S.No.191; Additional Senior Civil Judge Hassan; V Addl. Civil Judge and JMFC Hassan; First Appellate Court discretion; V Srishananda; decided 12-09-2025; HC-KAR; NC: 2025:KHC:36426. Single-judge oral judgment dismissing the plaintiff-appellant's MSA and sustaining the First Appellate Court's remand of the partition suit for fresh contest on payment of costs.
What did the court decide?
None to the appellant; the Miscellaneous Second Appeal is dismissed. The learned Judge of the Trial Court is directed to expedite and dispose of the suit as early as possible, and the plaintiff is directed to appear on the next date of hearing, place a copy of this order, and request early disposal of the suit.