Ayub Pasha vs K. Shivakumar
2022 Latest Caselaw 3425 Kant

                            1




     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 28TH DAY OF FEBRUARY, 2022

                        BEFORE

           THE HON'BLE MR. JUSTICE R. NATARAJ

     REGULAR SECOND APPEAL NO.376 OF 2018 (INJ)

BETWEEN:

AYUB PASHA,
AGED ABOUT 57 YEARS,
S/O LATE ABDUL AZIZ,
R/AT NO.3333/2,
WESLEY ROAD, TILAK NAGAR,
MYSORE - 570 001.
                                          ...APPELLANT
(BY SRI.KRISHNAMURTHY G HASYAGAR, ADVOCATE)

AND:

1.     K. SHIVAKUMAR,
       AGED ABOUT 60 YEARS,
       S/O LATE KARAGE GOWDA,
       RESIDING AT MAMBALLI VILLAGE,
       YELANDUR TALUK,
       CHAMARAJANAGAR DISTRICT - 571 441.

2.     P. KANTHARAJU,
       AGED ABOUT 61 YEARS,
       S/O POTHARAJE GOWDA,

3.     K. BHASKAR,
       MAJOR (AGE NOT KNOWN TO APPLT).,
       S/O P. KANTHARAJU,

       BOTH R-2 AND 3 ARE
       R/AT NO.1594,
       SRI RAGHAVENDRA NILAYA,
       (JENUGOODU),
                                    2




       3/1 MAIN ROAD,
       DVC LAYOUT, VISHWAMANAVA,
       "B" CROSS, E & F BLOCK,
       RAMAKRISHNANAGAR,
       MYSORE - 570 023.
                                                      ...RESPONDENTS

(BY SRI.DHANANJAY B.C ADVOCATE FOR C/R1)

      THIS REGULAR SECOND APPEAL IS FILED UNDER
SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE
DATED 11.10.2017 PASSED IN RA NO.32/2013 ON THE FILE OF
THE    ADDL.SENIOR   CIVIL   JUDGE    AND    JMFC.,  AT
CHAMARAJANAGAR DISMISSING THE APPEAL AND CONFIRMING
THE JUDGMENT AND DECREE DATED 19.02.2013 PASSED IN OS
NO.24/2009 ON THE FILE OF THE PRL.CIVIL JUDGE AND JMFC.,
AT CHAMARAJANAGAR.

     THIS REGULAR SECOND APPEAL COMING ON                            FOR
ADMISSION THIS DAY, THE COURT DELIVERED                              THE
FOLLOWING:

                               JUDGMENT

Learned counsel for the appellant submits that in

view of the observation of the trial Court in

O.S.No.24/2009 at paragraph No.20, the

appellant/defendant No.3 herein has filed

O.S.No.488/2018 before the Principal Civil Judge and

JMFC, Chamarajanagar, where the Court has granted an

interim order dated 26.10.2018. He therefore

submits that this appeal does not survive for consideration,

as the rights of the parties is already seized before the

Principal Civil Judge and JMFC, Chamarajanagar in

O.S.No.488/2018.

2. In that view of the matter, reserving liberty to

the appellant/defendant No.3 to pursue the suit in

O.S.No.488/2018, this appeal stands disposed off.

Sd/-

JUDGE

NR/-