Saroja W/O Ishwarayya ... vs Bhimappa S/O Analeppa Poojari
2022 Latest Caselaw 255 Kant

               IN THE HIGH COURT OF KARNATAKA
                       DHARWAD BENCH

          DATED THIS THE 06TH DAY OF JANUARY 2022

                            BEFORE

      THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

        REGULAR SECOND APPEAL NO. 5634 OF 2013 (INJ)

BETWEEN
SAROJA W/O ISHWARAYYA VIRUPAPURMATH,
REPTD., BY HER GPA HOLDER
SHRI. ISHWARAYYA VIRUPAPURMATH
AGE: 41 YEARS, OCC: AGRICULTURE,
R/O: BELAVINAL, TQ AND DIST: KOPPAL,
PIN : 583 231.
                                                   ... APPELLANT

(BY SRI. A. S. PATIL, SRI. ARUN L. NEELOPANT, SRI. B. V.
SOMAPUR, ADVOCATES)

AND
1.    BHIMAPPA S/O ANALEPPA POOJARI,
      AGE: 41 YEARS, OCC: AGRICULTURE,
      R/O: BOCHANAHALLI VILLAGE,
      TQ AND DIST: KOPPAL, PIN: 583 231.

2.    HEMAKKAWWA W/O SHIVAPPA KUDAGUNTI,
      AGE: 46 YRS, OCC: COOLIE,
      R/O: KUNIKERI,
      TQ AND DIST: KOPPAL, PIN: 583 231.
                                                 ...RESPONDENTS

      THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST
THE JUDGMENT AND DECREE DATED 08.11.2012 PASSED IN R.A.
NO. 27/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AT KOPPAL
DISMISSING THE APPEAL, FILED AGAISNT THE JUDGMENT AND
DECREE DATED 19.03.2012 AND THE DECREE PASSED IN
O.S.NO.216/2010 ON THE FILE OF THE CIVIL JUDGE AND JMFC,
                             2




KOPPAL   DISMISSING   THE   SUIT   FILED   FOR   PERPETUAL
INJUNCTION.

     THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                      JUDGMENT

By order dated 04.04.2016, the peremptory order

dated 19.11.2015 was made absolute by dismissing the

appeal against respondents 1 and 2. Since this court

passed peremptory order and the order sheet also

discloses that the appeal was dismissed on account of

non taking of steps against respondents 1 and 2, nothing

survive for consideration in terms of earlier peremptory

order dated 19.11.2015.

Sd/-

JUDGE YAN