Karnataka High Court
Sri.Yallappa vs Parappa on 10 January, 2024
Author: V.Srishananda
Bench: V.Srishananda
-1-
NC: 2024:KHC-D:682
MSA No. 100102 of 2016
C/W MSA No. 100101 of 2016
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 10TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS SECOND APPEAL NO.100102 OF 2016 (RO)
C/W
MISCELLANEOUS SECOND APPEAL NO.100101 OF 2016
IN M. S. A. NO.100102 OF 2016
BETWEEN:
1. SRI.YALLAPPA S/O. YAMANAPPA KUGE @ KOOGE,
AGE: 52 YEARS, OCC: AGRICULTURE,
R/O: MEKHALI, TQ: RAIBAG,
DIST: BELAGAVI, PIN: 591317.
2. RAMA S/O. YAMANAPPA KUGE @ KOOGE,
AGE: 52 YEARS, OCC: AGRICULTURE,
R/O: MEKHALI, TQ: RAIBAG,
DIST: BELAGAVI, PIN: 591317.
...APPELLANTS
(BY SRI. VISHWANATH P.ALLANNAVAR, ADVOCATE FOR
Digitally SRI. DINESH M.KULKARNI, ADVOCATE)
signed by
BHARATHI
BHARATHI HM
HM Date:
AND:
2024.01.18
12:27:07
+0530
1. PARAPPA S/O. IRAPPA DATTAWADE,
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O: NANDIKURALI, TQ: RAIBAG,
NOW AT MEKHALI, TQ: RAIBAG,
DIST: BELAGAVI-591317.
2. SMT.GOURAWWA
W/O. MARUTI KOOGE,
AGE: 63 YEARS, OCC: AGRIL.,
R/O: MEKHALI VILLAGE,
TQ: RAIBAG, DIST: BELAGAVI-591317.
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NC: 2024:KHC-D:682
MSA No. 100102 of 2016
C/W MSA No. 100101 of 2016
3. ASHOK S/O. MARUTI KOOGE,
AGE: 31 YEARS, OCC: AGRIL.,
R/O: MEKHALI VILLAGE, TQ: RAIBAG,
DIST: BELAGAVI-591317.
4. SUBHASH S/O. MARUTI KOOGE,
AGE: 29 YEARS, OCC: AGRIL.,
R/O: MEKHALI VILLAGE, TQ: RAIBAG,
DIST: BELAGAVI-591317.
5. SIDDAPPA S/O. MARUTI KOOGE,
AGE: 27 YEARS, OCC: AGRIL.,
R/O: MEKHALI VILLAGE, TQ: RAIBAG,
DIST: BELAGAVI-591317.
6. YALLAPPA S/O. MARUTI KOOGE,
AGE: 25 YEARS, OCC: AGRIL.,
R/O: MEKHALI VILLAGE, TQ: RAIBAG,
DIST: BELAGAVI-591317.
...RESPONDENTS
(BY SRI.MRUTYUNJAYA S.HALLIKERI, ADVOCATE FOR R1;
NOTICE TO R2-6 DISPENSED WITH)
THIS MISCELLANEOUS SECOND APPEAL IS FILED U/O. 43
RULE 1(u) OF THE CPC, AGAINST THE JUDGMENT AND DECREE
DATED 28.07.2016 PASSED IN R.A.NO.12/2016 ON THE FILE
OF THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE
FIRST CLASS RAIBAG, PARTLY ALLOWING THE APPEAL AND
SETTING ASIDE THE JUDGMENT AND DECREE DATED
23.08.2013 PASSED IN O.S.NO.115/2010, ON THE FILE OF THE
PRINCIPAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST
CLASS RAIBAG, PARTLY DECREEING THE SUIT FILED FOR
DECLARATION AND PERMANENT INJUNCTION.
IN M. S. A. NO.100101 OF 2016
BETWEEN:
SRI.YALLAPPA S/O. YAMANAPPA KUGE @ KOOGE,
AGE: 52 YEARS, OCC: AGRICULTURE,
R/O: MEKHALI, TQ: RAIBAG,
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NC: 2024:KHC-D:682
MSA No. 100102 of 2016
C/W MSA No. 100101 of 2016
DIST: BELAGAVI, PIN: 591317.
...APPELLANT
(BY SRI. VISHWANATH P.ALLANNAVAR, ADVOCATE FOR
SRI. DINESH M. KULKARNI, ADVOCATE)
AND:
PARAGOUDA S/O. IRAPPA DATTAWADE,
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O: NANDIKURALI,
NOW AT KATTNUR, TQ: RAIBAG,
DIST: BELAGAVI-591317.
...RESPONDENT
(BY SRI.MRUTYUNJAYA S.HALLIKERI, ADVOCATE)
THIS MISCELLANEOUS SECOND APPEAL IS FILED U/O. 43
RULE 1(u) OF THE CPC, AGAINST THE JUDGMENT AND DECREE
DATED 28.07.2016 PASSED IN R.A.NO.11/2016 ON THE FILE
OF THE SENIOR CIVIL JUDGE AND JMFC, RAIBAG, PARTLY
ALLOWING THE APPEAL FILED AGAINST THE JUDGMENT AND
DECREE 23.08.2013 PASSED IN O.S.NO.97/2010, ON THE FILE
OF THE PRINCIPAL CIVIL JUDGE (SR.DN) AND J.M.F.C.
RAIBAG, DISMISSING THE SUIT FILED FOR PERMANENT
INJUNCTION.
THESE MISCELLANEOUS SECOND APPEALS, COMING ON
FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Heard Sri.Vishwanath P Allannavar on behalf of
Sri.Dinesh M Kulkarni for the appellants and
Sri.Mrutyunjay S Hallikeri, learned counsel for respondent
No.1.
NC: 2024:KHC-D:682
2. The present second appeals are directed against
the validity of the judgment and decree passed in
R.A.No.11/2016 C/w. R.A.No.12/2016 dated 28.07.2016,
wherein the First Appellate Court allowed the appeals and
matters were remitted to the trial Court for fresh disposal
in accordance with law in O.S.No.115/2010 and
O.S.No.97/2010.
3. During the course of hearing, Sri.Vishwanath P
Allannavar files a memo with copy of the order passed in
RSA No.6137/2012 dated 04.01.2023, wherein the suit
prayer in O.S.No.110/1997 came to be decreed in
R.A.No.245/2008.
4. In view of the fact that O.S.No.110/1997 being
decreed by virtue of the judgment passed in
R.A.No.245/2008 dated 19.07.2012 and the second appeal
thereafter is dismissed, interest of the appellants got
served inasmuch as ½ share has been granted to the
appellants herein who were the plaintiffs.
NC: 2024:KHC-D:682
5. Therefore, ancillary proceedings in
O.S.No.115/2010 and O.S.No.97/2010 which are filed for
declaration and permanent injunction have rendered
infructuous. As such, the remand order passed in
R.A.No.11/2016 and R.A.No.12/2016 need not be
considered further as the suits themselves have rendered
infructuous.
6. Since the remand order has now rendered
infructuous, resultantly the second appeals have also
rendered infructuous.
7. Hence, the miscellaneous second appeals
having rendered infructuous, stand disposed of.
Sd/-
JUDGE
SH
