Sri Musheer Khan vs Sri Azmathulla
2023 Latest Caselaw 2572 Kant

                                                  -1-
                                                            RSA No. 637 of 2018




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 24TH DAY OF MAY, 2023

                                              BEFORE
                              THE HON'BLE MS. JUSTICE JYOTI MULIMANI
                              REGULAR SECOND APPEAL NO.637 OF 2018
                      BETWEEN:

                      1.     SRI MUSHEER KHAN
                             S/O LATE AMEER KHAN @ BUSA AMEER,
                             AGED ABOUT 42 YEARS,
                             R/AT IDRISAAB MOHALLA,
                             NEAR CLOCK TOWER,
                             KOLAR - 563 101.

                      2.     SRI MUNEER KHAN
                             S/O LATE AMEER KHAN @ BUSA AMEER,
                             AGED ABOUT 42 YEARS,
                             R/AT IDRISAAB MOHALLA,
                             NEAR CLOCK TOWER,
                             KOLAR - 563 101.                    ...APPELLANTS

                      (BY SRI. FAYAZ SAB B G ., ADVOCATE)

Digitally signed by   AND:
THEJASKUMAR N
Location: HIGH
COURT OF              SRI AZMATHULLA
KARNATAKA             S/O LATE ABDUL SHUKUR,
                      AGED ABOUT 48 YEARS,
                      PROPRIETOR OF PETTY SHOP,
                      NEAR CLOCK TOWER,
                      KOLAR TOWN,
                      RESIDING AT SHAHD NAGAR,
                      KOLAR TOWN - 563 101.                      ...RESPONDENT

                      (BY SRI MOHAMMED TIPPU SULTAN, ADVOCATE FOR C/R)

                           THIS REGULAR SECOND APPEAL IS FILED          UNDER
                      SECTION 100 OF CPC, SEEKING CERTAIN RELIEFS.
                               -2-
                                                RSA No. 637 of 2018




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

                            ORDER

The captioned appeal 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 has been disposed of as settled in

Lok-adalath on 27.03.2021.

Resultantly, the Regular Second Appeal is dismissed as

not maintainable.

Sd/-

JUDGE

TKN