Sri. Karegowda vs Sri. Kempasiddaiah
2021 Latest Caselaw 1409 Kant

                               1            MSA No.2/2020




     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 25TH DAY OF JANUARY, 2021

                           BEFORE

     THE HON'BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY

                     M.S.A.No.2 OF 2020

BETWEEN:
Sri Karegowda,
S/o. Kempanna,
Aged 47 years,
R/o. Gadiyankanahally,
Chelur Hobli, Gubbi Tq.,
Tumakuru District 572 216.                ...APPELLANT

(By Shri Chandrachooda M.B., Advocate)

AND:

1.     Sri Kempasiddaiah,
       S/o. late Siddappa @ Siddaiah,
       Aged 67 years,
       R/o. Gadiyankanahally,
       Chelur Hobli, Gubbi Tq.,
       Tumakuru District 572 216.

2.     Sri Rangaswamiah,
       S/o. Giriyappa, Aged 72 years,
       R/o. Bangenahally,
       Chelur Hobli, Gubbi Tq.,
       Tumakuru District 572 216.

3.     Sri Chikkakempaiah,
       S/o. Bettappa, Aged 62 years,
       R/o. Maranahally,
       Chelur Hobli, Gubbi Tq.,
                               2              MSA No.2/2020




     Tumakuru District 572 216.

4.   Sri Nanjappa
     S/o. Bettaiah
     Aged Major
     R/o. Maranahally
     Chelur Hobli, Gubbi Tq.
     Tumakuru District 572 216

5.   Lavanya,
     D/o. Nataraju, Aged 28 years,
     R/o. Chelur Thotadamane,
     Chelur Village and Hobli,
     Gubbi Tq., Tumakuru District 572 216.

6.   Shwetha,
     D/o. Nataraju,
     Aged 16 years,
     Minor rep. by natural guardian,
     L.B. Nataraju, S/o. Basappa,
     Aged 48 years,
     R/o. Chelur Thotadamane,
     Chelur Village and Hobli,
     Gubbi Tq., Tumakuru District 572 216.

7.   Smt. Kalamma,
     W/o. Basavaraju, Aged 65 years,
     R/o. Kacchenahally,
     Chelur Hobli, Gubbi Tq.,
     Tumakuru District 572 216,           ...RESPONDENTS

(By Shri G. Ravishankar, Advocate for R-1 to R-3 (absent);
R-5, R-6 and R-7 are served and unrepresented;
R-6 is minor and represented by natural guardian)

      This M.S.A. filed under Order XLIII Rule 1(U) of C.P.C.
against the judgment and decree passed in R.A.No.75 OF
2012 dated 8TH July 2019 by the II Additional District Judge,
Tumakuru.
                               3             MSA No.2/2020




      This M.S.A. Coming on for orders, this day, the court
delivered the following:

                           ORDER

Respondent Nos.1 to 3 have filed a memo stating that

this appeal has been filed challenging the order of remand

dated 08.07.2019 passed by the First Appellate Court.

However, after remand, the trial Court has finally decided the

suit on its merit by its judgment dated 29.11.2019. As such,

since the order of remand has been given effect to, the

present appeal does not survive and has become infructuous.

Learned Counsel for the appellant is physically present

and supports the contentions of the said memo and submits

that the present appeal has become infructuous.

In view of the same, the appeal stands disposed of as

having become infructuous.

In view of the disposal of the main appeal, I.A.No.1 of

2019 does not survive for consideration.

Sd/-

JUDGE

Cs