Smt.Sharada Shedthy vs Smt.Madhu Hengsu
2023 Latest Caselaw 4279 Kant

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                                                          NC: 2023:KHC:23871
                                                                 RSA No. 618 of 2016




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 11TH DAY OF JULY, 2023

                                                BEFORE
                              THE HON'BLE MS. JUSTICE JYOTI MULIMANI
                         REGULAR SECOND APPEAL NO.618 OF 2016 (POS)
                      BETWEEN:

                      SMT.SHARADA SHEDTHY
                      AGED ABOUT 70 YEARS,
                      D/O LATE KARIKATTE NAGAMMA SHEDTHY,
                      AGRICULTURIST,
                      POST: BYNDOOR VILLAGE,
                      KUNDAPURA TALUK,
                      UDUPI DISTRICT - 574 201.
                                                                        ...APPELLANT
                      (BY SRI. K.CHANDRANATH ARIGA., ADVOCATE)

                      AND:

                      SMT. MADHU HENGSU
                      AGED ABOUT 53 YEARS,
                      D/O LATE SMT. MARLI HENGSU,
                      DOOR NO.9/53,
Digitally signed by   BYNDOOR VILLAGE,
THEJASKUMAR N         NEAR SRI.DHARMASTHALA PRIMARY SCHOOL,
Location: HIGH
COURT OF              POST: MAYYADI-BYNDOOR VILLAGE,
KARNATAKA
                      KUNDAPURA TALUK,
                      UDUPI DISTRICT - 576 201.
                                                                       ...RESPONDENT
                      (BY SRI. AJITH.A.SHETTY., ADVOCATE)

                             THIS   REGULAR   SECOND    APPEAL    IS   FILED   UNDER
                      SECTION 100 OF THE CPC., SEEKING CERTAIN RELEIFS.

                             THIS APPEAL IS COMING ON FOR ORDERS, THIS DAY,
                      THE COURT DELIVERED THE FOLLOWING:
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                                      NC: 2023:KHC:23871
                                             RSA No. 618 of 2016




                             ORDER

Sri.K.Chandranath Ariga., learned counsel for appellant

has appeared in person.

Sri.Ajith Anand Shetty., learned counsel for respondent

has appeared through video conferencing.

The plaintiff initiated action against the defendant for the

relief of possession of building bearing Door No.9/53 of

Byndoor Village, Kundapura Taluk on the file of Principal Civil

Judge (Jr.Dn), Kundapura in O.S.No.188/2005. The Trial Court

vide Judgment & Decree dated:30.03.2009 decreed the suit

and directed the defendant to vacate and deliver the vacant

possession of the building bearing Door No.9/53 of Byndoor

Village, Kundapura Taluk to plaintiff within two months.

Aggrieved by the Judgment & Decree of the Trial Court, the

defendant preferred an appeal before the First Appellate Court.

On appeal, the First Appellate Court vide Judgment & Decree

dated:11.01.2016 allowed the appeal and set-aside the

Judgment & Decree of the Trial Court. Aggrieved by the

Judgment and Decree of the First Appellate Court, the plaintiff

NC: 2023:KHC:23871 RSA No. 618 of 2016

preferred this Regular Second Appeal under Section 100 of

CPC.

Sri.K.Chandranath Ariga., learned counsel appearing on

behalf of appellant submits that during the pendency of the

appeal, the respondent - Smt.Madu Hengsu has vacated the

building and the suit schedule property and appellant has taken

the possession of the said property. He also submits that

Smt.Sharada Shetty - the appellant has sworn to an affidavit in

this regard and stated that respondent Madu Hengsu vacated

the building and the suit schedule property after the above

appeal is filed. She has taken possession of the suit schedule

property. The building of two rooms with Door No.9/53

collapsed due to the heavy rain. Counsel therefore, submits

that the affidavit may be placed on record and appropriate

order may be passed.

Sri.Ajith Anand Shetty., learned counsel for respondent

acknowledges the said submission that respondent has vacated

the suit schedule property.

Submission is noted.

NC: 2023:KHC:23871 RSA No. 618 of 2016

The affidavit filed by Smt.Sharada Shetty - the appellant

is placed on record.

In view of the fact that respondent has already vacated

the building and the suit schedule property, nothing survives

for consideration in the present appeal. Hence, the Regular

Second Appeal is disposed of.

Sd/-

JUDGE

TKN