Ramaiah Dead By Lrs vs M Sridharan
2022 Latest Caselaw 7599 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 27TH DAY OF MAY 2022

                          BEFORE

        THE HON'BLE MR. JUSTICE RAVI V. HOSMANI

     REGULAR SECOND APPEAL NO.925/2010 (INJ)


BETWEEN:

RAMAIAH DEAD BY LRS

1.     NINGAPPA,
       S/O LATE RAMAIAH,
       AGED 48 YEARS,
       RESIDING AT DOOR NO.127,
       II CROSS, IV STAGE,
       T.K.LAYOUT,
       MYSORE-582201

2.     JAYARAM,
       S/O LATE RAMAIAH,
       AGED 45 YEARS,
       RESIDING AT DOOR NO.123/2,
       RAMA MANDIRA ROAD,
       IV STAGE, T.K.LAYOUT,
       MYSORE-582201

3.     SIDDARAMU
       S/O LATE RAMAIAH,
       AGED 39 YEARS,
       RESIDING AT DOOR NO.86/1,
       1ST CROSS, 4TH STAGE,
       T.K.LAYOUT,
       MYSORE-582201

4.     T.R.BHASKAR,
       S/O LATE RAMAIAH,
       AGED 35 YEARS,
       RESIDING AT DOOR NO.127,
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       II CROSS, 4TH STAGE,
       T.K.LAYOUT, MYSORE
                                             ...APPELLANTS
(BY SRI M.N.UMASHANKAR, ADVOCATE)

AND:

1.     M.SRIDHARAN,
       S/O NARAYANASWAMAIAH,
       AGED 51 YEARS,
       RESIDING AT NO.136,
       OUT HOUSE,
       I STAGE, II CROSS,
       SIDDARTHANAGAR,
       MYSORE AND WORKING AT
       TEL. EXCHANGE,
       HARDING CIRCLE,
       MYSORE-582102

2.     THE MYSORE URBAN DEVELOPMENT
       AUTHORITY
       JLB ROAD, MYSORE-582101

3.     MANJUNATH,
       S/O LATE RAMAIAH,
       AGED ABOUT 32 YEARS
       RESIDING AT DOOR NO.127,
       II CROSS, 4TH STAGE,
       T.K.LAYOUT,
       MYSORE-582201
                                        ....RESPONDENTS
(BY SRI.NAVEED AHMED, ADV. FOR R1,
    SRI.M.V.VEDAMURTHY, ADV. FOR R2,
    NOTICE TO R3 IS D/W V/O DTD 13.01.2017)

      THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
100 OF CPC AGAINST THE JUDGMENT & DECREE DATED
10.12.2009 PASSED IN R.A.NO.153/2006 ON THE FILE OF
PRESIDING OFFICER, FAST TRACK IV, MYSORE, DISMISSING THE
APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED
07.09.2000 PASSED IN O.S.NO.1014/1990, ON THE FILE OF THE
PRL. CIVIL JUDGE (JN DN) MYSORE.

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

Heard learned counsel for appellant, respondent Nos.1

and 2. It is submitted that respondent No.1 was an allottee

of site bearing No.805 at 4th Stage, Saraswathipuram,

Thonachikoppaluk, Mysuru measuring East to West 60 feet

and North to South 40 feet by respondent No.2 - Mysuru

Urban Development Authority which is the 'suit property'. On

the ground that there was interference with his enjoyment of

suit property, allotee-respondent No.1 had filed suit against

appellant and respondent No.2.

2. During pendency of this appeal, respondent No.2

- Mysuru Urban Development Authority has allotted a

different site, namely, site No. 1731 measuring 12 x 18

meters in lieu of suit property. It is submitted that accepting

subsequent allotment, respondent No.1 has already

surrendered allotment of suit property.

3. In view of this development, the lis between

respondent No.1, appellant and respondent No.2 does not

survive for consideration and therefore, submit that appeal

may be allowed setting aside judgment and decree passed in

suit.

4. Learned counsel for respondents No.1 and 2 accede

to above submission. Placing submission on record and

taking note of contents of I.A.2/2020 and memo, appeal is

allowed. The judgment and decree passed by trial court is set

aside.

Sd/-

JUDGE

BS