Karnataka High Court
Sri. Rajappa @ K. R. Basavarajappa vs Smt. Kamalamma on 2 August, 2024
Author: V Srishananda
Bench: V Srishananda
-1-
NC: 2024:KHC:30622
MSA No. 89 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
MISCELLANEOUS SECOND APPEAL NO. 89 OF 2023 (RO)
BETWEEN:
1. SRI. RAJAPPA @ K. R. BASAVARAJAPPA
S/O RUDRAPPA, AGED ABOUT 63 YEARS,
R/O MELINA HANSAVADI VILLAGE,
HOLALUR HOBLI, SHIVAMOGGA TALUK,
SHIVAMOGGA DISTRICT - 577 216.
REPRESENTED BY HIS GPA HOLDER
SRI MAHESH B.
S/O RAJAPPA ALIAS K.R. BASAVARAJAPPA
AGED ABOUT 42 YEARS,
R/O MELINA HANSAVADI VILLAGE,
HOLALUR HOBLI,
SHIVAMOGGA TALUK AND DISTRICT - 572216.
...APPELLANT
(BY SRI. MURALI B S., ADVOCATE)
Digitally
signed by
KIRAN AND:
KUMAR R
Location: 1. SMT. KAMALAMMA
HIGH
COURT OF W/O MALLESHAPPA
KARNATAKA AGED ABOUT 61 YEARS,
R/O ARAKERE,
BHADRAVATHI TALUK,
SHIVAMOGGA DISTRICT - 577233.
2. SMT. SAROJAMMA
W/O BASAVARAJAPPA
AGED ABOUT 52 YEARS,
R/O ARAKERE, BHADRAVATHI TALUK,
SHIVAMOGGA DISTRICT - 577233.
-2-
NC: 2024:KHC:30622
MSA No. 89 of 2023
3. SMT. PARVATHAMMA
W/O BASAVARAJAPPA
AGED ABOUT 68 YEARS,
R/AT HOLEHATTI VILLAGE,
HOLALUR HOBLI,
SHIVAMOGGA DISTRICT - 577216.
4. SRI. CHANDRAPPA
S/O RUDRAPPA
AGED ABOUT 60 YEARS,
AGRICULTURIST,
R/O MELINA HANSAVADI VILLAGE,
HOLALUR HOBLI,
SHIVAMOGGA TALUK,
SHIVAMOGGA DISTRICT - 577216.
5. SMT. SHANTHA KUMARI
W/O SHANKARAPPA,
AGED ABOUT 54 YEARS,
R/O HOLE HOANASAVADI VILLAGE,
HOLALUR HOBLI,
SHIVAMOGGA DISTRICT - 577216
...RESPONDENTS
(VIDE ORDER DATED 17.01.2024 NOTICE TO R-1 & R-2 IS
HELD SUFFICIENT;
R-4 & R-5 ARE SERVED AND UNREPRESENTED)
THIS MSA IS FILED UNDER SECTION 43 RULE 1 (U) READ
WITH SECTION 151 OF CPC, AGAINST THE JUDGMENT AND
DECREE DATED 1.06.2023 IN RA NO.124/2020 ON THE FILE OF
II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, AT
SHIVAMOGGA ALLOWING THE APPEAL AND SETTING ASIDE
THE JUDGEMENT AND DECREE DATED 21.07.2020 PASSED ON
OS NO.90/2016 ON THE FILE OF II ADDITIONAL CIVIL JUDGE
AND JMFC AT SHIVAMOGGA AND MATTER IS REMANDED TO
THE LEARNED TRIAL COURT, WITH DIRECTION TO PERMIT
BOTH THE PARTIES TO LEAD ADDITIONAL EVIDENCE AND TO
DISPOSE THE MATTER AFRESH IN ACCORDANCE WITH LAW.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
-3-
NC: 2024:KHC:30622
MSA No. 89 of 2023
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL JUDGMENT
Learned counsel for the appellant has filed a memo
on 02.08.2024. The memo reads as under:
"The Appellant/Defendant No.2 hereinabove
most respectfully submits that, the above appeal
being filed by him challenging the Judgment and
Decree dated 01-06-2023 passed by the first
Appellate court, remanding the matter for fresh
disposal, the Respondents No.1 and 2 herein who
are the plaintiffs in O.S.90/2016, have filed a
Memo dated 27-07-2024 before the Trial court
seeking dismissal of the suit as Not Pressed.
Accordingly, the suit in O.S.90/2016 is
dismissed as Not Pressed by an order dated
25.07.2024, as can be seen by the internet
extracted copy of the said order enclosed
herewith for kind perusal and necessary orders
of this Hon'ble court.
In view of the above the present M.S.A has
been rendered infructuous. As such the appeal
may kindly be disposed off having rendered
infructuous, reserving liberty to the
Appellant to seek revival of the above
NC: 2024:KHC:30622
appeal, in the event of plaintiffs reviving
their suit, in the interest of justice and equity".
2. Memo is taken on record.
3. In view of the memo, appeal has rendered
infructuous and accordingly dismissed with liberty as
prayed for.
Sd/-
(V SRISHANANDA)
JUDGE
GSR
