P D Ashwanthappa vs Hanumantharaya
2021 Latest Caselaw 708 Kant

    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 12TH DAY OF JANUARY, 2021

                               BEFORE

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

      MISCELLANEOUS SECOND APPEAL No.40 OF 2014


BETWEEN:

1. P.D. Ashwathappa
S/o Doddeti Nayaka
Aged about 65 years
R/o Pavagada Town
Tumakuru District - 561 202.

2. P.D. Nagalakshmi
W/o Eshwarappa
Aged about 53 years,

3. Ramappa
S/o Peddaiah
Aged about 60 years,

4. Kyasamuthappa
S/o Thippaiah,
Aged about 54 years,

5. Eranna
S/o Neerganti Boraiah
Aged about 71 years,

6. Bhagyamma
W/o Bheemanna
Aged about 37 years,
                                                  MSA 40/2014
                                 2


7. N. Eshwarappa
S/o N. Boraiah
Aged about 59 years,

8. E. Gouramma
W/o Giriyappa
Aged about 39 years,

9. D.E. Hareesh
N. Eshwarappa
Aged about 27 years.

The appellants No.2 to 9 are
R/o Doddaullarthy Village,
Challakere Taluk - 577 522.                   :APPELLANTS


(By Sri Chandrakanth R. Patil, Advocate for
    Sri Jayakumar S. Patil & Associates, Advocates)


AND:

1. Hanumantharaya
S/o Gadiraiah
Aged about 53 years,

2. Daddi Boraiah
S/o Daddi Obaiah
Aged about 63 years,
R/o Chikkaullarthy
Challakere Taluk - 577 522.

3. Narasimhaiah A.K.,
S/o Durugappa
Aged about 63 years,
R/o Kyatagondanahalli
Challakere Taluk - 577 522.
                                                MSA 40/2014
                                3


4. Kavalu Marappa
S/o Kavalu Thippaiah
Aged about 68 years,

5. Obanayaka K.V.
S/o Kavalu Thippaiah
Aged about 69 years,

6. Thippeswamy Y.
S/o Yellappa
Aged about 38 years,

7. G.P. Govindanayaka
S/o late Papanayaka
Aged about 37 years,
R/o Chitraiahnahatty,
Challakere Taluk - 577 522.

8. Srinivsa R.
S/o late Ramachandrappa
Aged about 37 years,
R/o Old Town,
Challakere Taluk - 577 522.

9. Bheemappa D.
S/o Duruappa
Aged about 39 years.

The respondents 1, 4 to 6 and 9 are
R/o Doddaullarthy Village
Chitradurga Taluk - 577 537.

10. The District Registrar
RTO Office Road,
Chitradurga - 577 501.                      :RESPONDENTS


(By Sri M.N. Madhusudhan, Advocate for R1 to R9)
                                                   MSA 40/2014
                                 4


     THIS MISCELLANEOUS SECOND APPEAL IS FILED UNDER ORDER
XLIII RULE 1(U) OF CPC PRAYING TO SET ASIDE THE JUDGMENT AND
DECREE DATED 04.04.2014, PASSED IN R.A.NO.32/2013, BY LEARNED
SENIOR CIVIL JUDGE, CHALLAKERE REVERSING THE ORDER PASSED BY
LEARNED CIVIL JUDGE AND JMFC, MOLAKALMURU IN O.S. NO.56/2013
DATED 22.11.2013 AND PASS SUCH OTHER ORDER AS THE COURT
DEEMS FIT, IN THE INTEREST OF JUSTICE AND EQUITY.


     THIS MISCELLANEOUS SECOND APPEAL COMING ON FOR ORDERS

ALONG WITH I.A.1/2015 THROUGH VIDEO CONFERENCING / PHYSICAL

HEARING THIS DAY, THE COURT MADE THE FOLLOWING:


                              ORDER

Learned counsel for the appellants by filing a memo submits

that the Original Suit No.56/2013 from which the present appeal

has arisen has been dismissed for non prosecution on 30.11.2018,

as such, the present appeal has become infructuous. He prays for

dismissal of this appeal as having become infructuous.

Learned counsel for the respondents No.1 to 9, confirming

that the Original Suit No.56/2013 has been dismissed for non

prosecution on 30.11.2018, also supports the submission of the MSA 40/2014

learned counsel for the appellant that the present appeal has

become infructuous.

In view of the memo and supporting submission from both

side, the appeal stands dismissed as having become infructuous.

In view of the disposal of the main appeal, I.A.1/2015 does

not survive for consideration.

Sd/-

JUDGE

sac*