D E Esha Saheb S/O Abubakarsab Vs S M Abdul Rashid S/O Ismail Sab — Karnataka HC (2025) — LawSathi Research

D E Esha Saheb S/O Abubakarsab Vs S M Abdul Rashid S/O Ismail Sab — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

None on the merits; the appeal is disposed of for statistical purposes and directed to be placed before the Hon'ble Chief Justice for listing before the High Court of Karnataka, Dharwad Bench.

Issue for consideration

Whether, the courts at Harapanahalli having come within the jurisdiction of Vijayanagara District after bifurcation, this Regular Second Appeal should be listed before the High Court of Karnataka, Dharwad Bench rather than dealt with at Bengaluru.

Court's answer

On the submission that the subject matter of the appeal arises out of judgments rendered by the courts at Harappanahalli, which after bifurcation fall within the jurisdiction of the High Court of Karnataka, Dharwad Bench, the court held that the appeal would have to be placed before the Hon'ble Chief Justice to be listed before the High Court of Karnataka, Dharwad Bench.

Ratio / Principle

Accordingly, the appeal is disposed of for statistical purposes.

Key takeaways

Pending interlocutory applications, if any, do not survive for consideration and pale into insignificance.ratio¶35

Detailed headnote1 paragraphs

Regular Second Appeal No. 1043 of 2012 (INJ-) under Section 100 CPC filed by D. M. Esha Saheb against the judgment and decree dated 16.02.2012 in R.A.No.33/2011 (Senior Civil Judge & JMFC, Harapanahalli), which had dismissed his appeal and confirmed the judgment and decree dated 22.07.2011 in O.S.No.34/2005 (Civil Judge & JMFC, Harapanahalli). On the submission of the respondents' counsel that the subject matter, arising from courts at Harappanahalli, now lies within Vijayanagara District and, after bifurcation, within the jurisdiction of the High Court of Karnataka, Dharwad Bench, the court held that the appeal would have to be placed before the Hon'ble Chief Justice for listing before the Dharwad Bench, and accordingly disposed of the appeal for statistical purposes. Pending interlocutory applications, if any, do not survive and pale into insignificance. No substantive issue on the merits was adjudicated and no precedents were cited.

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NC: 2025:KHC:37558 RSA No. 1043 of 2012

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF SEPTEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

REGULAR SECOND APPEAL NO. 1043 OF 2012 (INJ-)

BETWEEN:

D. M. ESHA SAHEB, S/O ABUBAKARSAB, AGE - 60 YEARS, AGRICULTURIST, R/O - 7^TH WARD, KAILLIBAVIKERE, AT AND TALUK - HARAPANAHALLI - 583131. DIST. - DAVANAGERE.

…APPELLANT

(BY SRI V.R.DATAR, ADVOCATE)

AND:

Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA

S. M. ABDUL RASHID, S/O ISMAIL SAB, AGE - 67 YEARS, AGRICULTURIST, R/O - 3^RD WARD, CHITTARAGERI, AT AND TALUK - HARAPANAHALLI - 583131. DIST. - DAVANAGERE.

S. M. AZMATULLA, S/O IMAILSAB, AGE - 61 YEARS, AGRICULTURIST, R/O - 3^RD WARD, CHITTARAGERI,

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NC: 2025:KHC:37558 RSA No. 1043 of 2012

HC-KAR

AT AND TALUK - HARAPANAHALLI - 583131. DIST. - DAVANAGERE.

…RESPONDENTS

(BY SRI SANTHOSH R.NELKUDRI, ADVOCATE)

THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC., PRAYING TO set aside THE JUDGMENT AND DECREE DATED 16.02.2012 PASSED IN R.A.NO.33/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC, HARAPANAHALLI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 22.07.2011 PASSED IN O.S.NO.34/2005 ON THE FILE OF THE CIVIL JUDGE & JMFC, HARAPANAHALLI.

THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

ORAL JUDGMENT

Both learned counsels are present.

It is submitted by the learned counsel for

respondents that the subject matter of the appeal arises out of the judgments rendered by the trial Court and the First Appellate Court, Harappanahalli, which is now, within the jurisdiction of Vijayanagara District and after bifurcation, the same is coming within the jurisdiction of the High Court of Karnataka, Dharwad Bench.

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NC: 2025:KHC:37558 RSA No. 1043 of 2012

HC-KAR

Hence, this appeal would have to be placed before

the Hon'ble Chief Justice to be listed before the High Court of Karnataka, Dharwad Bench.

Accordingly, this appeal is disposed off for

statistical purposes.

Pending interlocutory applications, if any, do not survive for consideration and the same pale into insignificance.

Sd/(PRADEEP SINGH YERUR) JUDGE

CPN List No.: 1 Sl No.: 48