Smt Nagarathna vs Smt Seethamma
2021 Latest Caselaw 5241 Kant

                              1




     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 01ST DAY OF DECEMBER, 2021

                         BEFORE

          THE HON'BLE MR. JUSTICE R. NATARAJ

     MISCELLANEOUS SECOND APPEAL NO.115 OF 2019

BETWEEN:

SMT NAGARATHNA
W/O PARASHURAM,
AGED ABOUT 42 YEARS,
R/AT NO.1997/A2, 8TH CROSS,
SIDDAVEERAPPA BADAVANE,
DAVANAGERE - 577 004.
                                             ...APPELLANT
(BY SRI. L. NARASIMHA MURTHY, ADVOCATE FOR
    SRI. S.N. ASWATHANARAYAN, ADVOCATE))

AND:

1.     SMT. SEETHAMMA,
       W/O HONNAKERAPPA,
       AGED ABOUT 62 YEARS,

2.     MANJUNATH,
       S/O HONNAKERAPPA,
       AGED ABOUT 43 YEARS,

       RESPONDENT NO.1 AND 2 ARE
       R/AT 8TH CROSS, VINOBA NAGAR,
       DAVANAGERE-577004.

3.     SMT. MANJULA
       W/O NAGARAJ P,
       AGED ABOUT 47 YEARS,
       R/AT NO.371B OLD HOSPITAL ROAD,
       HARIHARA 577601
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4.   H SHIVARUDRAPPA,
     S/O H.KARIYAPPA,
     AGED ABOUT 64 YEARS,
     R/A 3993/31A,
     M.C.C. B BLOCK,
     DAVANAGERE 577004

5.   CHANDRAPPA
     S/O NINGAPPA,
     AGED ABOUT 54 YEARS,
     R/AT MITLAKATTE VILLAGE,
     HARIHARA TALUK - 577601
                                         ...RESPONDENTS
(BY SRI. SANTHOSH R. NELKUDRI, ADVOCATE FOR R1)

      THIS MSA IS FILED UNDER ORDER 43 RULE 1(U) OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 22.08.2019
PASSED IN RA.NO.27/2018 ON THE FILE OF THE SENIOR CIVIL
JUDGE AND JMFC, HARIHAR, ALLOWING THE APPEAL AND
FILED AGAINST THE JUDGMENT AND DECREE DATED
21.04.2018 PASSED IN O.S.NO.299/2015 ON THE FILE OF THE I
ADDITIONAL CIVIL JUDGE AND JMFC, HARIHARA, PARTLY
DECREEING THE SUIT AND REMANDED THE MATTER TO TRIAL
COURT TO FRAME AN ADDITIONAL ISSUES AND TO PROVIDE
AN OPPORTUNITY TO THE PARTIES TO LEAD THEIR FURTHER
EVIDENCE AND ETC.

     THIS MSA COMING ON FOR ADMISSION THIS DAY, THE
COURT DELIVERED THE FOLLOWING:


                     JUDGMENT

Learned counsel for the appellant has filed a memo

to dismiss the appeal as it has become infructuous.

2. The said memo is placed on record.

3. Accordingly, the above appeal is dismissed as

withdrawn.

Sd/-

JUDGE

NR/NM