Shrishail S/O Sidraya Gadade vs Bouramma D/O Sidara Gadade (Gouramma ...
2024 Latest Caselaw 26102 Kant

Karnataka High Court

Shrishail S/O Sidraya Gadade vs Bouramma D/O Sidara Gadade (Gouramma ... on 4 November, 2024

                                                   -1-
                                                                  NC: 2024:KHC-K:8017
                                                              MFA No. 201960 of 2022




                                   IN THE HIGH COURT OF KARNATAKA,

                                         KALABURAGI BENCH

                             DATED THIS THE 4TH DAY OF NOVEMBER, 2024

                                                  BEFORE
                      THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

                          MISCL. FIRST APPEAL NO.201960 OF 2022 (CPC)
                      BETWEEN:

                      SHRISHAIL
                      S/O SIDRAYA GADADE,
                      AGE: ABOUT 47 YEARS,
                      OCC: AGRICULTURE,
                      R/O KOLURAGI,
                      TQ. INDI, DIST. VIJAYAPURA
                                                                         ...APPELLANT

                      (BY SRI. D. P. AMBEKAR, ADVOCATE)

                      AND:

                      BOURAMMA
                      D/O SIDARA GADADE,
                      (GOURAMMA W/O SURESH MANAGULI)
Digitally signed by
RENUKA                AGE: ABOUT 52 YEARS,
Location: HIGH        OCC. TEACHER,
COURT OF              R/O KBMPS SCHOOL, BALLOLLI,
KARNATAKA             TQ. INDI, DIST. VIJAYAPURA 586117.
                                                                       ...RESPONDENT

                      (SERVED)

                             THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC PRAYING
                      TO ALLOW THIS APPEAL AND SET ASIDE THE ORDER DATED
                      22.08.2022    PASSED   BY   THE    II   ADDL.   DISTRICT   AND
                      SESSIONS JUDGE, VIJAYAPURA, DISMISSING THE IA NO.I
                                 -2-
                                             NC: 2024:KHC-K:8017
                                         MFA No. 201960 of 2022




FILED BY THE APPELLANT HEREIN UNDER 30 RULE 1 AND 2 OF
CPC IN SAID RA NO.83/2022; CONSEQUENTLY ALLOW THE
SAID IA NO.I FILED BY THE APPELLANT HEREIN UNDER ORDER
39 RULE 1 AND 2 OF CPC IN SAID RA NO.83/2022 WITH
COSTS THROUGHOUT.

     THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM:   HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM


                     ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM)

Learned counsel appearing for the appellant on

instructions submits that this appeal has become

infructuous.

Recording his submission, appeal is dismissed as

having become infructuous reserving liberty to the

appellant herein to urge these grounds in the event an

appeal is filed under Section 19 of the Civil Procedure

Code.

NC: 2024:KHC-K:8017

In view of disposal of main appeal, pending

application does not survive for consideration and

accordingly stands rejected.

Sd/-

(SACHIN SHANKAR MAGADUM) JUDGE SRT

CT-SW