Shri.Mahammad Gousu Saheb Vallad vs Anand
2022 Latest Caselaw 296 Kant

          IN THE HIGH COURT OF KARNATAKA
                  DHARWAD BENCH

      DATED THIS THE 07TH DAY OF JANUARY 2022

                        BEFORE

 THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

                 M.S.A.No.100049/2016

BETWEEN

SHRI MAHAMMAD GOUSU SAHEB
VALLAD MADAR SAHEB HAVANUR,
AGE: 66 YEARS, OCC: AGRICULTURE,
R/O: GUTTAL-581 108,
TQ AND DIST: HAVERI.
                                           ... APPELLANT
(BY SRI N P VIVEKMEHTA, ADV.)

AND

1.    ANAND
      S/O MADHAVACHARYA KADARMANDALAGI,
      AGE: 46 YEARS, OCC: ENGINEER,
      GIRINAGAR, AVAIL HALLI, BDA PARAK,
      OPPOSITE TO ESI HOSPITAL BACK SIDE
      BENGALURU-560001.

      SMT.SHANTABAI W/O MADHVACHARYA
      KADARMANDALAGI,
      (DIED PENDANCE OF 1ST APPEAL
      AND HER LRS. ARE ALREDY ON RECORD)

2.    SMT.SEEMA W/O LAXMAN GHATEKA,
      AGE: MAJOR, OCC: HOUSEHOLD WORK,
      R/O: BENGALUTU-560001.
      C/O RESPONDENT NO.1.

3.    SMT.CHANDRA W/O NAGARAJ PERUR,
      AGE: MAJOR, OCC: HOUSEHOLD WORK,
      OPP. C.T.HIGH SCHOOL, VIJAY NAGAR,
      HUBBALLI-580020. DIST: DHARWAD.
                            2




4.   SMKT.SRIDEVI W/O ASHOK HUBLIKAR,
     AGE: MAJOR, OCC: HOUSEHOLD WORK,
     R/O: KPTCL COLONY, AMBIKANAGAR,
     DANDELI-581325.

5.   SMT.TEJASRI W/O SANJAYA KULKARNI,
     AGE: MAJOR, OCC: HOUSEHOLD WORK,
     R/O 1ST BLOCK RAJAJINAGAR,
     NEAR PURNA PRAJNYA SCHOOL,
     BENGALURU-560010.

6.   SMT.KAVITA W/O KRISHAN AGNIHOTRI,
     AGE: MAJOR, OCC: HOUSEHOLD WORK,
     TYAGA RAJ NAGAR, BENGALURU-560001,
     C/O RESPONDENT NO.1.

7.   HASANSAB S/O FATTESAB KARJAGI,
     AGE: 56 YEARS, OCC: AGRICULTURE,
     R/O: GUTTAL-581108,
     TQ AND DIST: HAVERI.
                                         ... RESPONDENTS

(RESPONDENT NOS.1, 2, 5 AND 6 : INSUFFICIENT ADDRESS)
(NOTICE TO RESPONDENT NO.3 :SERVED.)
(RESPONDENT NO.4 : "LEFT NOT KNOWN")
(BY SRI S.N.BANAKAR, ADV. FOR RESPONDENT NO.7)

     THIS MSA IS FILED UNDER SECTION 43 RULE 1(U) OF
THE CODE OF CIVIL PROCEDURE AGAINST THE JUDGEMENT
AND DECREE DATED 19.12.2015 PASSED IN R.A.NO.131/2010
ON THE FILE OF THE I ADDITIONAL DISTRICT AND SESSIONS
JUDGE AT HAVERI, ALLOWING THE APPEAL AND SETTING
ASIDE THE JUDGEMENT AND DECREE DATED 10.11.2010
PASSED IN O.S.NO.90/2005, ON THE FILE OF THE SENIOR
CIVIL JUDGE, HAVERI, DECREEING THE SUIT FILED FOR
SPECIFIC PERFORMANCE.


     THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                             3




                     : JUDGMENT :

Learned counsel for the appellant submits that,

the present miscellaneous second appeal is filed

questioning the remand order passed by the First

Appellate Court in R.A.No.131/2010. Pending

miscellaneous second appeal before this Court, since

there was no interim order, the Trial Court pursuant to

remand, has decided the case afresh and the suit is

dismissed on 27.05.2019 and the appellant herein has

preferred R.A.No.129/2019.

2. If pursuant to remand order, the Trial Court

has passed fresh judgment and decree and appeal is

filed by the appellant herein, the miscellaneous second

appeal questioning the remand order does not survive

for consideration and accordingly stands dismissed.

Sd/-

JUDGE EM