Sri. B. V. Lakshminarayana vs Smt. Rassol Bi
2024 Latest Caselaw 198 Kant

Karnataka High Court

Sri. B. V. Lakshminarayana vs Smt. Rassol Bi on 3 January, 2024

Author: Hanchate Sanjeevkumar

Bench: Hanchate Sanjeevkumar

                                             -1-
                                                            NC: 2024:KHC:209
                                                        MSA No. 78 of 2018




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 3RD DAY OF JANUARY, 2024

                                          BEFORE
                    THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
                 MISCELLANEOUS SECOND APPEAL NO. 78 OF 2018 (RO)
               BETWEEN:

               SRI. B.V. LAKSHMINARAYANA,
               S/O BETTAKOTE DODDA NARAYANAPPA,
               AGED ABOUT 70 YEARS, HINDU,
               R/A OPP. TO A C BUNGLOW,
               MUSTOOR ROAD, VAPASANDRA,
               CHICKBALLAPURA CITY - 560 036.
                                                                ...APPELLANT
               (BY SRI. A. MITHUN GERAHALLI, ADVOCATE)

               AND:

                SMT. RASSOL BI,
                W/O ABDUL SABI,
                AGED ABOUT 70 YEARS, MUSLIM,
Digitally signedR/A HAROBANDE VILLAGE, KASABA HOBLI,
by RAMYA D CHICKBALLAPURA TALUK - 560 036.
Location: HIGH                                                ...RESPONDENT
COURT OF
KARNATAKA             THIS MSA IS FILED UNDER ORDER 43 RULE 1(u) OF THE
               CPC,     AGAINST    THE   JUDGMENT     AND   DECREE   DATED
               28.06.2018 PASSED IN R.A.NO.13/2015 ON THE FILE OF THE
               II     ADDITIONAL    SENIOR    CIVIL   JUDGE    AND     JMFC,
               CHICKBALLAPUR, ALLOWING THE APPEAL AND SETTING ASIDE
               THE JUDGMENT AND DECREE DATED 06.12.2014 PASSED IN
               O.S.NO. 310/2006 ON THE FILE OF THE I ADDITIONAL CIVIL
               JUDGE AND JMFC, CHICKBALLAPUR, AND REMANDING THE
                              -2-
                                           NC: 2024:KHC:209
                                        MSA No. 78 of 2018




CASE TO THE TRIAL COURT FOR FRESH DISPOSAL WITH A
DIRECTION TO GIVE AN OPPORTUNITY TO THE PLAINTIFF AND
DEFENDANT TO LEAD HIS EVIDENCE.

      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE

COURT DELIVERED THE FOLLOWING:

                         JUDGMENT

Learned counsel for the appellant has filed a memo

stating that the appeal has become infructous in view of the

dismissal of the suit.

Memo is placed on record.

Accordingly, the appeal is dismissed as having become

infructous.

Sd/-

JUDGE

MH/-

CT: BHK