Sri Ramakrishnaiah vs Nasir Hussain
2023 Latest Caselaw 6123 Kant

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                                                  NC: 2023:KHC:31266
                                                 RSA No. 534 of 2015




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 30TH DAY OF AUGUST, 2023

                                   BEFORE
                   THE HON'BLE MR JUSTICE ASHOK S.KINAGI
            REGULAR SECOND APPEAL NO. 534 OF 2015 (DEC/INJ)
            BETWEEN:

               SRI RAMAKRISHNAIAH
               S/O BADAGI BEERAIAH,
               AGED ABOUT 70 YEARS,
               R/AT PETE, BANAVARA,
               ARASIKERE TALUK
                                                         ...APPELLANT
            (BY SRI. PADUBIDRI R. MOHAN RAO, ADVOCATE)

            AND:

               NASIR HUSSAIN
               S/O FIDA HUSSAIN,
               AGED ABOUT 35 YEARS,
Digitally      R/AT PETE, BANAVARA,
signed by      ARASIKERE TALUK
ALBHAGYA
                                                      ...RESPONDENT
Location:
HIGH        (BY SRI. K V NARASIMHAN, ADVOCATE)
COURT OF
KARNATAKA        THIS RSA IS FILED UNDER SEC.100 CPC., AGAINST THE
            JUDGMENT AND DECREE DATED 05.09.2014 OF THE SENIOR
            CIVIL JUDGE AND JMFC AT ARSIKERE, IN R.A.NO.108/2007
            CONFIRMING THE JUDGMENT AND DECREE DATED 06-04-2002
            IN O.S.NO.44/1998, ON THE FILE OF THE PRL. CIVIL JUDGE
            (JR.DN), AT ARASIKERE AND TO ALLOW THIS APPEAL COSTS
            THROUGHOUT.

                 THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS
            DAY, THE COURT DELIVERED THE FOLLOWING:
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                                            NC: 2023:KHC:31266
                                           RSA No. 534 of 2015




                          JUDGMENT

The respondent filed a suit in O.S.No.44/1998 on the

file of the Principal Civil Judge (Jr.Dn.), Arsikere, for the

relief of declaration, possession and injunction. The trial

Court by its judgment and decree dated 06.04.2002

decreed the suit of the respondent and it was ordered and

decreed and declared that the plaintiff is absolute owner of

'A' schedule property and plaintiff is entitled to recover

possession of 'B' schedule land from the defendant and the

defendant was directed to handover possession of 'B'

schedule land to the plaintiff within two months from the

date of the order. The appellant being aggrieved by the

judgment and decree passed by the trial Court in the

aforesaid suit, preferred appeal in R.A.No.108/2007 on the

file of the Senior Civil Judge and JMFC, Arsikere. The First

Appellate Court by its judgment dated 05.09.2014

dismissed the appeal and confirmed the judgment and

decree passed by the trial Court. The appellant aggrieved

by the judgment and decree passed by the Courts below

filed this second appeal.

NC: 2023:KHC:31266 RSA No. 534 of 2015

2. Learned counsel for the respondent submits

that the respondent has already executed the judgment

and decree passed by the trial Court in Execution Petition

No.12/2015 and the Executing Court has already put the

respondent in possession of the suit schedule property.

Learned counsel has filed memo along with documents to

that effect.

3. On perusal of the order sheet in Execution

Petition No.12/2015, it discloses that the Executing Court

has already put the respondent in possession of the 'B'

schedule property. In view of the same, nothing survives

for consideration in this second appeal.

4. Accordingly, appeal is dismissed as having

become infructuous.

In view of dismissal of appeal, I.A.Nos.1 and 2 of

2015 do not survive for consideration.

Sd/-

JUDGE