Moka Kumarappa S/O Moke ... vs Smt. Neelamma W/O Late Ramappa
2022 Latest Caselaw 1782 Kant

                IN THE HIGH COURT OF KARNATAKA
                        DHARWAD BENCH

            DATED THIS THE 4TH DAY OF FEBRUARY 2022

                             BEFORE

       THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

                       CRP.NO.100014/2020
BETWEEN

MOKA KUMARAPPA S/O MOKE DEVENDRAPPA
AGE: 67 YEARS, OCC: AGRICULTURIST,
R/O: KAPPAGAL VILLAGE, TQ: BALLARI.
                                                 ... PETITIONER

(BY SRI.V.G.BHAT, ADV.)

AND

1.    SMT. NEELAMMA W/O LATE RAMAPPA
      AGE: 61 YEARS, OCC: AGRICULTURIST,
      R/O: KAPPAGAL VILLAGE, TQ: BALLARI.

2.    HAMPANNA S/O LATE RAMAPPA
      AGE: 46 YEARS, OCC: AGRICULTURIST,
      R/O: KAPPAGAL VILLAGE, TQ: BALLARI.

3.    KADAPPA S/O LATE RAMAPPA
      AGE: 43 YEARS, OCC: AGRICULTURIST,
      R/O: KAPPAGAL VILLAGE, TQ: BALLARI.
                                              ... RESPONDENTS

     THIS PETITION IS FILED UNDER SEC.115 OF CPC, PRAYING TO
SET ASIDE THE ORDER PASSED ON PRELIMINARY ISSUE NO.1 IN
O.S.NO.504/2009 DATED 18.12.2019 BY THE COURT OF III
ADDITIONAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS,
BALLARI AND DISMISS THE SUIT BY HOLDING THE PRELIMINARY
ISSUED NO.1 IN AFFIRMATIVE, IN THE ENDS OF JUSTICE.

     THIS PETITOIN COMING ON FOR ADMISSION THIS DAY, THE
COURT MADE THE FOLLOWING:
                                 2




                             ORDER

On verification, it is submitted to this court that

O.S.No.504/2009 is decreed by judgment and decree dated

23.12.2020.

In that view of the matter, civil revision petition does

not survive for consideration. Accordingly, the same is

disposed of as having become infructuous.

In view of disposal of the civil revision petition,

I.A.No.1/2020 does not survive for consideration and the

same is dismissed.

SD/-

JUDGE MBS/-