Smt Chandramma vs H Manjunath
2024 Latest Caselaw 5276 Kant

Karnataka High Court

Smt Chandramma vs H Manjunath on 21 February, 2024

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                                                         NC: 2024:KHC:7754
                                                        CP No. 164 of 2022




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 21ST DAY OF FEBRUARY, 2024

                                           BEFORE
                           THE HON'BLE MR JUSTICE C.M. POONACHA
                               CIVIL PETITION NO. 164 OF 2022

                   BETWEEN:

                      SMT. CHANDRAMMA,
                      W/O LATE NYAMATI NEELAKANTAPPA,
                      AGED ABOUT 68 YEARS,
                      HOUSEHOLD,
                      R/O K.R PURAM MAIN ROAD,
                      OPPOSITE TO GALAZY LIBRARY,
                      SHIVAMOGGA - 577 201.

                                                              ...PETITIONER

                   (BY SRI. S.V PRAKASH., ADVOCATE)

                   AND:

                      H. MANJUNATH,
                      S/O DURGAPPA,
Digitally signed
by BHARATHI           AGED ABOUT 76 YEARS,
S
                      RETIRED EMPLOYEE,
Location: HIGH
COURT OF              R/O 'ANUGRAHA NILAYA'
KARNATAKA             1ST BLOCK, 2ND STAGE,
                      VINOBHANAGARA,
                      SHIVAMOGGA 577 201.

                                                            ...RESPONDENT

                        THIS CIVIL PETITION IS FILED UNDER ORDER XLVI RULE
                   1 OF THE CPC, PRAYING TO ALLOW HER TO PREFER THE
                   APPEAL AGAINST THE JUDGMENT AND DECREE PASSED IN
                   R.A.NO.6/2017    DATED   06/01/2022   CONFIRMING    THE
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                                              NC: 2024:KHC:7754
                                            CP No. 164 of 2022




JUDGMENT AND DECREE DATED 03/11/2016 PASSED BY
COURT OF LEARNED PRINCIPAL CIVIL JUDGE AND JMFC,
SHIVAMOGGA IN O.S.NO. 112/2011 AS AN INDIGENT PERSON
BY ALLOWING THIS PETITION AND PASS SUCH OTHER
SUITABLE ORDER AS THIS HON'BLE COURT DEEMS IT
APPROPRIATE   IN   THE     ATTENDANT    FACTS    AND
CIRCUMSTANCES OF THE CASE TO SECURE THE ENDS OF
JUSTICE.

     THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
                            ORDER

Learned counsel for the Petitioner has filed a memo

which reads as follows:

"The above Civil Petition filed by the petitioner seeking for permission to prefer the regular Second Appeal in RSA No.617/2022 before this Hon'ble Court challenging the judgment and decree passed in R.A No.6/2017 dated 06.01.2022 confirming the judgment and decree passed in O.S No.112/2011 as indigent person. The suit of the respondent in O.S No.112/2011 for declaration of ownership over the suit schedule property on the basis of the Sale Deed dated 28.10.2010 and for possession of the 'B' schedule property from the petitioner herein came to be decreed on 03.11.2016 and against which the appeal filed by the petitioner came to be dismissed. The respondent decree holder sued out the judgment and decree by filing Execution petition and in the said execution the petitioner delivered the vacant possession of the suit schedule property to the respondent and hence, the above said regular Second Appeal has become infractuous. In view of the same, the above Civil Petition also does not survive for consideration and also become infructuous. Therefore, this Hon'ble Court may be pleased to dismiss the above civil petition as has become infructuous in the interest of justice."

NC: 2024:KHC:7754

2. In view of the same, the above Writ Petition is

dismissed as having been rendered infructuous.

SD/-

JUDGE

RMS