Shri. Siddappa Allappa Aski vs Shri. Kareppa Rama Karigar
2022 Latest Caselaw 12894 Kant

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            IN THE HIGH COURT OF KARNATAKA
                    DHARWAD BENCH

       DATED THIS THE 08TH DAY OF NOVEMBER, 2022

                         BEFORE

         THE HON'BLE MS. JUSTICE JYOTI MULIMANI

               M.S.A. NO.100021 OF 2022

BETWEEN:

1 . SHRI. SIDDAPPA ALLAPPA ASKI
    AGE: 66 YEARS,
    OCC: AGRICULTURE,
    R/O: BADBYAKUD,
    NOW AT HARUGERI - 591 317
    TAL RAIBAG, DIST. BELAGAVI.
                                             ...APPELLANT
(BY SRI RAVI S. BALIKAI, ADVOCATE)

AND:


1 . SHRI. KAREPPA RAMA KARIGAR
    AGE 66 YEARS.
    OCC: AGRICULTURE
    R/O: ALAKANUR-591 317,
    TAL. RAIBAG, DIST. BELAGAVI.

2 . SHRI. MARUTI RAMA KARIGAR
    AGE 64 YEARS,
    OCC: AGRICULTURE,
    R/O: ALAKANUR-591 317,
    TAL: RAIBAG, DIST. BELAGAVI.

3 . SHRI. BASAPPA PARISA ASANGI
    AGE: 66 YEARS.
    OCC: AGRICULTURE,
    R/O: HARUGERI-591 317,
    TAL. RAIBAG. DIST. BELAGAVI.
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4 . SHRI. MAHAVEER PARISA ASANGI
    AGE: 54 YEARS.
    OCC: AGRICULTURE,
    R/O: HARUGERI-591 317,
    TAL: RAIBAG, DIST: BELAGAVI.

5 . SHRI. NARASAPPA NEMANNA ALAGUR
    AGE: 52 YEARS,
    OCC: AGRICULTURE,
    R/O: HARUGERI-591 317,
    TAL: RAIBAG, DIST: BELAGAVI.

6 . SHRI. BASAPPA SATTEPPA ASANGI
    AGE: 58 YEARS,
    OCC: AGRICULTURE,
    R/O: HARUGERI-591 317,
    TAL: RAIBAG, DIST: BELAGAVI.

7 . SHRI. VARDHAMAN SATTEPPA ASANDI
    AGE: 56 YEARS,
    OCC: AGRICULTURE,
    R/O: HARUGERI-591 317,
    TAL: RAIBAG, DIST: BELAGAVI.

8 . SHRI. SURESH SATTEPPA ASANGI
    AGE: 54 YEARS,
    OCC: AGRICULTURE,
    R/O: HARUGERI-591 317,
    TAL: RAIBAG, DIST: BELAGAVI.

9 . SHRI. DHANPAL SATTEPPA ASANGI
    AGE: 52 YEARS,
    OCC: AGRICULTURE,
    R/O: HARUGERI-591 317,
    TAL: RAIBAG, DIST: BELAGAVI.

10 . SHRI. MALLAPPA BARAMAPPA ASANGI
     AGE: 34 YEARS,
     OCC: AGRICULTURE,
     R/O: HARUGERI-591 317,
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    TAL: RAIBAG,
     DIST: BELAGAVI.

11 . SHRI. AJIT BARAMAPPA ASANGI
     AGE: 42 YEARS,
     OCC: AGRICULTURE,
     R/O: HARUGERI-591 317,
     TAL: RAIBAG, DIST: BELAGAVI.

12 . SHRI. BHIMAPPA BARAMAPPA ASANGI
     AGE: 54 YEARS,
     OCC: AGRICULTURE,
     R/O: HARUGERI-591 317,
     TAL: RAIBAG, DIST: BELAGAVI.

13 . SHRI. BABU BHIMAPPA ASANGI
     AGE: 84 YEARS,
     OCC. AGRICULTURE,
     R/O: HARUGERI-591 317,
     TAL: RAIBAG, DIST: BELAGAVI.
                                          ... RESPONDENTS

     THIS MISCELLANOUS SECOND APPEAL IS FILED UNDER
ORDER XLIII RULE 1(U)OF THE CIVIL PROCEDURE CODE, 1908,
PRAYING TO SET ASIDE JUDGMENT AND DECREE DATED
23.04.2021, PASSED IN R.A.NO.44/2017 ON THE FILE OF THE
SENIOR CIVIL JUDGE AND J.M.F.C., RAIBAG AND SET ASIDE THE
JUDGMENT AND DECREE DATED 08.11.2017 PASSED IN O.S.NO.
295/2006 ON THE FILE OF THE PRL. CIVIL JUDGE AND J.M.F.C.,
RAIBAG AND DECREE THE SUIT O.S. NO. 295/2006 FILED BY
THE APPELLANT/PLAINTIFF AND THIS APPEAL BE ALLOWED WITH
COSTS.

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

Sri.Ravi S.Balikai., learned counsel for appellant has

appeared in person.

Counsel submits that the present appeal is filed as

against the order of remand. He submits that after

remand, the main suit has been disposed of on

12.04.2022. Hence, the appeal has become infructuous.

Counsel therefore, submits that the Miscellaneous Second

Appeal may be dismissed as having become infructuous.

Submission is noted.

The Miscellaneous Second Appeal is dismissed as

having become infructuous.

Sd/-

JUDGE

TKN