S A Madappa vs D C Devaiah
2023 Latest Caselaw 2509 Kant

                                                  -1-
                                                             RSA No. 1552 of 2018




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 23RD DAY OF MAY, 2023

                                                BEFORE

                              THE HON'BLE MS. JUSTICE JYOTI MULIMANI

                        REGULAR SECOND APPEAL NO.1552 OF 2018 (MON)

                      BETWEEN:

                      S.A. MADAPPA
                      S/O LATE ANNAIAH,
                      ADVOCATE 1ST FLOOR,
                      HONEY SOCIETY BUILDING,
                      MAIN ROAD, VIRAJPET TOWN,
                      R/AT APPAIAHSWAMY ROAD,
                      VIRAJPET TOWN,
                      KODAGU DISTRICT.
                                                                       ...APPELLANT
                      (BY SRI. HARISH M G., ADVOCATE [ABSENT])

                      AND:

                      D.C. DEVAIAH
                      S/O LATE D.CHITTIAPPA,
Digitally signed by
THEJASKUMAR N         R/AT KUMBALADALU VILLAGE,
Location: HIGH        NAPOKLU NADU,
COURT OF
KARNATAKA             MADIKERI TALUK,
                      KODAGU DISTRICT.
                                                                      ...RESPONDENT

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

                             THIS APPEAL IS COMING ON FOR ORDERS, THIS DAY,
                      THE COURT MADE THE FOLLOWING:
                                       -2-
                                                RSA No. 1552 of 2018




                                ORDER

When the matter is called, there is no representation

for the appellant.

The matter is listed today for orders regarding

maintainability of the appeal filed under Order 43 Rule 1(U)

of CPC.

On perusal of the judgment, the appeal is remanded to

the trial Court. Hence, the office is justified in raising the

objection regarding maintainability of the appeal.

The case status of the suit has been verified by the

Registry through E-court services and it depicts that after

remand, the Original Suit came to be dismissed on

23.11.2021.

Resultantly, the Regular Second Appeal is dismissed as

not maintainable.

Sd/-

JUDGE

TKN