Smt.Thriveni R v. Sri.M.Madappa

Karnataka HC9 Sept 2025RSA/800/2021

Case brief

AI extract

What is this about?

Karnataka High Court RSA No. 800 of 2021 (INJ); appellant Smt. Thriveni R v. respondent Sri. M. Madappa; suit O.S.No.569/2014 (Mysuru) dismissed 18.12.2019; first appeal R.A.No.270/2020 dismissed 12.03.2021; second appeal under S.100 r/w Order XLII Rule II CPC dismissed at admission on counsel's submission that the defendant sold the suit property to a third party who built on it, making the suit practically infructuous; liberty granted to file fresh appropriate proceedings; single judge V Srishananda; decided 09.09.2025; no case citations; no monetary quantum.

What did the court decide?

Liberty to file appropriate proceedings in accordance with law ¶22-23

Smt.Thriveni R Vs Sri.M.Madappa — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:35946 RSA No. 800 of 2021

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF SEPTEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 800 OF 2021 (INJ)

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BETWEEN:

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SMT.THRIVENI R W/O R. NAGARAJ, AGED ABOUT 47 YEARS, R/AT NO.2362, 4^TH CROSS, 1^ST MAIN ROAD, KANTHARAJA URS ROAD, MYSURU CITY - 570 001.

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&APPELLANT (BY SRI. NANJUNDA SWAMY N., ADVOCATE) AND:

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Digitally signed by SHARADAVANI B Location: High Court of Karnataka

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SRI. M. MADAPPA S/O. K.P. MADAIAH, AGED ABOUT 61 YEARS, NOW R/AT NO.671/A, 13^TH MAIN ROAD, T.K. LAYOUT, MYSURU CITY.

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&RESPONDENT (BY SRI. SHARATH S. GOWDA, ADVOCATE)

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THIS RSA IS FILED UNDER SECTION 100 R/W ORDER XLII RULE II OF CPC AGAINST THE JUDGMENT AND DECREE DATED 12.03.2021 PASSED IN RA.No.270/2020 ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 18.12.2019 PASSED IN OS No.569/2014 ON THE FILE OF THE IV ADDITIONAL I CIVIL JUDGE AND JMFC, MYSURU.

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

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NC: 2025:KHC:35946 RSA No. 800 of 2021

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

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ORAL JUDGMENT

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Unsuccessful plaintiff is the appellant challenging the validity of the dismissal of suit in O.S. No.569/2014 confirmed in R.A.No.270/2020.

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At the outset, Sri. Nanjunda Swamy N., learned counsel for the appellant would submit that defendant has sold the property in favour of the third party and third party has already put up construction over the suit property and therefore suit has practically become infructuous and plaintiff may be permitted to initiate appropriate proceedings in accordance with law.

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Placing the submission on record, appeal stands dismissed with liberty to file appropriate proceedings in

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accordance with law.

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Sd/(V SRISHANANDA) JUDGE

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SNC List No.: 1 Sl No.: 54 ct:BHK

Smt.Thriveni R v. Sri.M.Madappa

Case brief

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Smt.Thriveni R v. Sri.M.Madappa

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